Regan v. Customcraft Homes, Inc.

Opinion by

Mr. Justice Hodges.

Customcraft Homes, Inc. was the grantor and the Regans, as husband and wife, were the grantees or second parties, in a warranty deed conveying residential property. It was recited in the deed that the real property with improvements thereon was conveyed free and clear, “from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever; except liens of record, unpaid construction bills, and deed of Trust in favor of Lantz & Co., which second parties assume and agree to pay.”

The “unpaid construction…