In a deed, a general warranty of title against the claims of all persons covers defects in the title even if they are known to the purchaser at the time he takes the deed.
History. Civil Code 1895, § 3615; Civil Code 1910, § 4195; Code 1933, § 29-304.
History of Code section.
This Code section is derived from the decision in Miller v. Desverges, 75 Ga. 407 (1886).
Law reviews.
For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).
For survey article on real property law, see 59 Mercer L. Rev. 371 (2007).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
Article 3 - Covenants and Warranties
§ 44-5-59. Covenant Running With the Land Between Property Owner and Third Party
§ 44-5-61. Implied Warranty of Title
§ 44-5-62. General Warranty — Scope
§ 44-5-63. General Warranty — Defects Known to Purchaser
§ 44-5-64. Action for Breach of Warranty — Burden of Proof
§ 44-5-65. Action for Breach of Warranty — Necessity for Offer to Rescind; Mitigation of Damages
§ 44-5-66. Action for Breach of Warranty — Measure of Damages
§ 44-5-67. Breach of Bond for Title to Land; Measure of Damages