Tull v. Royston

The opinion of the court was delivered by

Horton, C. J.:

The facts in this, case are as follows: The plaintiff purchased of the defendant lot 6 and the west half of lot 5, in block 37, in the city of Harper, in this state, and on the 17th day of September, 1881,'the defendant and his wife executed to the plaintiff a deed therefor, “warranting the property to be free, clear, discharged and unincumbered of and from all former and other grants, titles, charges, estates, judgments, assessments, taxes, liens and incumbrances of what nature or kind soever.” Some time prior thereto, the city of Harper…