Brewer v. Peatross

CROCKETT, Chief Justice:

Plaintiffs, as grantees, of building lots conveyed to them by the defendants by warranty deed, brought this action for breach of warranty because of assessments levied on their property by a Special Improvement District established by the City of Roosevelt.

The plaintiffs contend that the creation and operation of the Special Improvement District constituted an encumbrance upon the property within the district, and that when the defendants thereafter conveyed lots located inside the district to the plaintiffs, the implied covenant against encumbrances contained in the…