Also known as:garandia · GARA · guarantor · guaranty · guarantee · guarantors · guaranties
Written by attorneys · grounded in primary & secondary sources — see below
A historical Law French term for a warrantor of land. The garauntor was obligated to defend the title and seisin of the alienee. If the alienee was evicted, the garauntor had to provide the alienee with other land of equal value.
Sources & Authorities· 13 primary sources
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Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Eviction Triggers Land Replacement
Gregory Gates conveyed Blackacre to Gideon Graves with Gable Construction acting as garauntor. When the alienee was later evicted by a superior title claim, Gideon was removed from possession. Gable Construction then conveyed equivalent acreage to Gideon to fulfill its obligation.
Mortgage Transfer Releases Liability
Gino Giordano transferred mortgaged property to Guadalupe Gallegos. Greenleaf Farms served as garauntor on the original obligation. After the mortgagee granted an express release, Greenleaf Farms was discharged from personal liability under suretyship principles.
Gloria Green conveyed land to Gary Goldman with Gulfstream Aviation named as garauntor. When the alienee was later evicted by a superior title claim, Gary was removed from possession. Gulfstream Aviation supplied substitute land of equal value to satisfy the warranty.
School Segregation Title Challenge
Gable Construction conveyed school property to a local district with Gregory Gates as garauntor. When the alienee was later evicted by a superior title claim, the district was removed from possession. Gregory supplied replacement land of equal value to honor the warranty obligation.
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
Contraceptive Access Land Warranty
Gideon Graves transferred land to a clinic with Gino Giordano as garauntor. When the alienee was later evicted by a superior title claim, the clinic was removed from possession. Gino conveyed equivalent property to the clinic to discharge the garauntor duty.
Griswold v. Connecticut381 U.S. 479 (1965)
Zoning Ordinance Eviction Remedy
Guadalupe Gallegos conveyed acreage to Golden Gate Logistics with Gloria Green as garauntor. When the alienee was later evicted by a superior title claim, the company was removed from possession. Gloria then provided substitute land of equal value under the historical warranty.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Common questions
Frequently Asked
2
What remedy did a garauntor owe upon eviction of the alienee?+
The garauntor had to convey other land of equal value to the alienee. This obligation arose directly from the historical warranty of title and seisin.
Supporting sources
How does the garauntor differ from a modern guarantor in mortgage transfers?+
A garauntor provided substitute land rather than monetary payment. Modern suretyship defenses may discharge liability but do not require conveyance of equivalent real property.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
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