Wileman v. Ladd

The question presented is whether or not there was a breach of the covenant against incumbrances on account of which the plaintiff may maintain this action. It is conceded that a covenant against incumbrances if breached at all is breached when the deed is given. It is also conceded that the covenant is one which runs with the land. Olson v. Lindsay, 190 Wis. 182, 208 N. W. 891. It is equally true that if breached when made, a technical breach of a covenant against incumbrances gives rise only to a cause of action for nominal damages and that no action lies for substantial damages in advance…