Benjamin v. Hobbs

Harrison, J.:

On the 24th day of February, 1870, Frederick S. Hobbs and Helen Hobbs, his wife, sold and conveyed to Mason W. Benjamin and William Manuel a half section of land for $3,200.

' Benjamin and Manuel paid $1,600 of the purchase money in cash, and executed a note to Frederick S. Hobbs for the remainder, with ten per cent, interest from date, payable two years thereafter, and a lien on the land for the payment of the note was reserved in the deed.

Besides the statutory covenants implied in the use of the words “ grant, bargain and sell,” the deed also contained special covenants of…