Carney v. O'Byrn

Shangraw, C.J. (Ret.)

On August 29, 1968, the defendant, Irene M. O’Byrn, and her since deceased husband, Edwin O’Byrn, conveyed certain lands and premises in the Town of Salisbury, Vermont, to the plaintiffs, Richard J. Carney and Madeline M. Carney, by warranty deed. That deed warranted that the Salisbury property was “free from every encumbrance”. However, at the time of the conveyance, the Salisbury property was subject to an oil, gas, and mineral lease that had been conveyed by the O’Byrns to the Cambrian Corporation on October 14,1964.

The plaintiffs filed a- complaint in the District…