Lyons v. Chapman

This is an action for breach of covenant of warranty appearing in a deed from the plaintiffs in error, William S. Lyons and Lettie Lyons, who were the defendants below, to John W. Chapman, the plaintiff below.

In 1920 the Lyonses conveyed to Chapman some sixteen acres of land at' a purchase price of $3,600. It was warranted to be free of all incumbrances. In 1923 a second deed was executed, ostensibly for the purpose of correcting an erroneous description. The property was not clear of incumbrance, but was subject to a right of way for a water line.

Some time thereafter, and before this suit…