Woodward v. Harlin

Upon the authority of Walcott v. Kershner (Texas Com. App.), 291 S. W., 195, 196, the El Paso Court of Civil Appeals sustained a recovery of $468 and interest thereon for breach of a covenant in a deed by plaintiffs in error to defendant in error that a certain tract of land was free of encumbrances, when it was at the date of the deed subject to a vendor’s lien for said sum of $468. It was neither alleged nor proven that defendant in error had lost the land or had discharged any portion of the encumbrance save accrued interest amounting to $25.77. 20 S. W. (2d) 158.

The writ of error was…