Pate v. Thomas

PHILLIPS, Judge.

The foregoing facts clearly establish that defendants breached their unqualified, unambiguous covenant that the property sold plaintiffs was free of encumbrances when they delivered the deed to plaintiffs while Northwestern Bank’s unpaid deed of trust was still recorded against the property, Cover v. McAden, 183 N.C. 641, 112 S.E. 817 (1922), and the only question suggested by the facts is whether plaintiffs’ suit is barred because they may have known about the encumbrance before receiving the deed. Before determining that question, however, the remarkable number of errors…