99 P. 884 | Or. | 1909
delivered the opinion of the court.
“Has granted, bargained, sold, conveyed, assigned, set over and transferred, * * all and singular all the property, estate and effects, real and personal, of what nature and kind so ever, of or belonging to the said party of the first part, wherever the same may be * * particularly described in deeds of conveyance and bills of sale of even date herewith.”
The bill of sale accompanying this deed of assignment, and referred to in it, provides that the Coast Range Lumber Company does:
*218 “Grant, bargain, sell and convey, unto the said party of the second party ? * the following described personal property, now belonging to said first party, to-wit: * * lumber flume * * belonging to and forming a part of the plant and equipment of the business of the Coast Eange Lumber Company. * * The intention of this conveyance and instrument being to cover all and singular all of the personal property of what nature and kind so ever, of or belonging to the said party of the first part, whether particularly described herein or covered by this general description.”
There is no representation, assurance, or covenant in either of said instruments other than may be inferred or included in the terms “grant, bargain, sell and convey.” And probably, to the extent that the property named therein includes any interest in real estate, the granting clause may be sufficient to convey it, but by its terms it only purports to. include personal property, and therefore cannot be construed as a covenant or an assurance of title or right to convey any interest in real estate.
Reversed.