DECISIONS OF JUNE TERM. l546. SUPREME COURT OF ALABAMA Reported for tle Journal and Flag.

CHARLES A. STEWART.

 vS. MATTHEW ANDERSON, et al.
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HO0uc Ch0nCcry.

 DARGAN, for the plaintiff in error. J. A. CAMPBELL, for the defendants. COLLIER, c. ).

 l. By ,he 2Olh section of the statute of 1903, Clay's Dig. l56, the words grant, bargain and sell, are adjudged an express covenant to the grantee, his heirs and as- signs, that the grantor was seized of an indefeasible estate in fee simple, freed from membranes done or suffered from the grantor, except the rents and servi> ces that may be reserved, as also for quiet enjoyment against the graDtor his heirs and assigns unless limited in ex. press words contained in such deed and the grantee, his heirs, executors, admins. trators and assigns, may in any action as- sign breaches, as if such covenants were expressly inserted.

 3. Where one is declared bankrupt who has previously executed mortgage of lands--he cannot defeat the mortgage by setting mp an interest subsequently ac. quired by himself the successful assertion of which would be breach of his war. ranty.

 3. Where mortgagor has by his deed i'm, pliedly asserted right to pledge the pre-. misses by conveyance in fee, he shall not be allowed to insist that he had less estate, and whatever interest he after wards acquires, shall vest in the morlga- gee to make good the title, which he pro- fessed to transfer.

 4. The bankrupt law expressly excepis from it's operation, all liens, &c, which were valid in their inception it therefore seems to follow, that the rights and rem. edies of "a mortgagee in respect to mort. gage. executed by the bankrupt before bankruptcy, are wholly unaffected by it 1; and that the relation of the parties re- mains undisturbed though it may be conceded, that as the debt cannot be re- covered by action, after the mortgagor' s discharge as a bankrupt, all prvity be. tween himself and the mortgagee has ceased to exist.

 Reversed and remanded.

 GOLDTHWAITE, J,-Waiving the consideration of the other point, prefers rcs- tlng his concurrence in the reversal, upon the ground, that the implied warranty estops the mortgagor bankrupt, from setting up a title acquired subsequently, to the execution of the mortgage. to defeat his mortgagee or the complainant who claims by assign ment from him.