George A. Lowe Co. v. Simmons Warehouse Co.
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell. Judge. Action by George A. Lowe Company against tbie Simmons Warehouse Company. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtStraup, J.
The plaintiff on the 26th day of January, 1909, purchased from the defendant a parcel of land 69 by 228 feet in Ogden City. The deed was made and delivered on the 11th day of February of the same year. It was a statutory" short: form warranty deed. Such'a deed has the effect of warranting the premises conveyed free from all incumbrances. The controversy is over the taxes for the year 1909. The defendant claimed that they were no lien on the property at the time of the purchase and conveyance, and refused to pay them. The plaintiff paid them, and then brought this action on breach of warranty…
2Cases cited9 opinions
- County of Martin v. DrakeSupreme Court of Minnesota · 1889
- Dowdney v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- McLaren v. ShebleSupreme Court of Missouri · 1869
- Blossom v. Van CourtSupreme Court of Missouri · 1864
- State v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1900
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3Cited by3 opinions
- Espinoza v. Safeco Title Insurance Co.Utah Supreme Court · 1979
- Forrer v. SatherUtah Supreme Court · 1979
- Boothe v. WyattUtah Supreme Court · 1919