Balfour v. Whitman

This action was brought in the circuit court for the county of Kent for breach of the covenant of *203warranty in a deed. The covenant sued upon is “that the said lands and premises are free from all incumbrances whatsoever.”

The cause was tried before the court without a jury, and the court found the facts, and entered judgment in favor of the defendant. The incumbrance sought to be shown was an unpaid tax for the year 1885. This the court found to be an invalid tax, for the reasons set forth in the findings of fact. The testimony upon which these facts were found is not returned in the record,…