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RIDDLE v. NELSON

No. 8610SC654.

353 S.E.2d 866 (1987)

Daniel L. RIDDLE and wife, Judy J. Riddle; First Title Insurance Company, Plaintiffs, v. Sarah Beth Burnett NELSON, Defendant and Third-Party Plaintiff, v. J. Watts COPLEY, Robert W. Young, Gelbert Poole and Associates, P.A. and Larry W. Poole, Third-Party Defendants.

Court of Appeals of North Carolina.

March 17, 1987.

Attorney(s) appearing for the Case

Boxley, Bolton & Garber by Ronald H. Garber, Raleigh, for plaintiff appellants.

Glenn and Bentley by Robert B. Glenn, Jr. and Stewart W. Fisher, Durham, for defendant and third-party plaintiff appellee Sarah Beth Burnett Nelson.

No briefs filed by third-party defendant appellees.

PHILLIPS, Judge.

The order appealed from has no foundation and in entering it the court apparently misperceived both the nature of plaintiff's action and the office of summary judgment. A covenant of seisin in a general warranty deed is a covenant that the grantor has title to the land conveyed at the time the deed is delivered and the covenant is breached upon delivery if the grantor does not then have title. Newbern v. Hinton, 190 N.C. 108, 129 S.E...

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