Johnston v. Bank of Poplar Bluff.

This is an action to recover money paid out by reason of alleged breach of the covenant against incumbrances contained in a general warranty deed executed and delivered by defendant to plaintiff James A. Johnston, conveying a part of Lot 125 in the City of Poplar Bluff. By the petition it is alleged that defendant corporation made the warranty deed to the property above referred to on the 3rd day of June, 1912; that the deed contained the granting clause, “grant, bargain and sell,” and also the usual covenant against incumbrances; that at the time of the execution of the deed the premises…