Kennell v. Tandy

There is no question of bad faith in this case. The defendants thought they were selling and the plaintiffs thought they were buying a lot with a house standing upon it. In other words, when in their deed they spoke of the “tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining,” these words must be referred to the only “tenement” on the property, the house, and anything that interfered with their enjoyment of the house constituted an encumbrance. Counsel for defendants have cited many technical definitions of the word “encumbrance” and “appurtenances,” but…