Holzworth v. Roth

This suit in equity commenced on July 18, 1958, claimed a breach of the covenants of title in a series of standard form warranty heeds by which the title to Lot 37, Harmony Heights Addition in Spearfish, South Dakota, went from the Lamport Lumber Company to the Holzworths, as ultimate grantees. Those named as defendants are the grantors in this series of deeds. They interposed numerous objections to the suit, one of them being that in the circumstances of this case a suit in equity did not lie.

During the time that these' named defendants successively owned the property, between June 26, 1956…