Woodward v. Harlin

By general warranty deed in the usual form, appellants conveyed to ap-pellee a tract of land which had previously belonged to the public free school fund and at the time of the conveyance was incumbered by lien in favor of the state to secure purchase money in the sum of $468. To prevent forfeiture by the state, appellee had paid interest upon such money amounting to $25.79. Appellee brought this suit against his grantors to recover the sums stated. Judgment in his favor was rendered as prayed.'

The unpaid purchase money constituted an incumbrance on the land, and the words “grant and convey”…