2017 New Mexico Statutes
Chapter 47 - Property Law
Article 1 - Conveyances and General Provisions
Section 47-1-14 - Effect of words "bargained and sold".
47-1-14. [Effect of words "bargained and sold".]
The words, bargained and sold, or words to the same effect, in all conveyances of hereditary real estate, unless restricted in express terms on the part of the person conveying the same, himself and his heirs, to the person to whom the property is conveyed, his heirs and assignees, shall be limited to the following effect:
A. that the grantor, at the time of the execution of said conveyance, is possessed of an irrevocable possession in fee simple to the property so conveyed;
B. that the said real estate, at the time of the execution of said conveyance, is free from all encumbrance made or suffered to be made by the grantor, or by any person claiming the same under him;
C. for the greater security of the person, his heirs and assignees, to whom said real estate is conveyed by the grantor and his heirs, suits may be instituted the same as if the conditions were stipulated in the said conveyance.
History: Laws 1851-1852, p. 374; C.L. 1865, ch. 44, 3; C.L. 1884, 2750; C.L. 1897, 3941; Code 1915, 4759; C.S. 1929, 117-103; 1941 Comp., 75-110; 1953 Comp., 70-1-13.
