Fisher v. Clark

The opinion of the court was delivered by

Milton, J.:

This action was brought against R. E, Fisher and'Jennie Fisher, his wife, to recover damages for a breach of a covenant against incumbrances in a deed executed by them and delivered to Amos B. Clark, grantee therein, April 1, 1887, conveying a farm in Johnson county. When the conveyance was made a tenancy existed, and Clark was obliged to pay the tenant $300 to obtain possesion of the land, possession being necessary to enable Clark to sell the land to North & Co. By the terms of the lease, one-third of the wheat then growing on the land was…