Hurt v. Stout

The opinion of the court was delivered by

Johnston, C. J.:

William A. Hurt brought this action to recover damages from E. E. Stout and Alice A. Stout, husband and wife, for the breach of a covenant of warranty against encumbrances, and as the defendants prevailed, he appeals.

In an exchange of properties the defendants executed a deed to plaintiff for a large tract of land, and in his petition he alleged that the defendants covenanted that the land was clear and free of encumbrances except an indebtedness “against said property not to exceed $5,600 on the above real estate, encumbrance of…