Winder v. Southwestern Co.

OPINION OF THE COURT

WATSON, J.

Defendant, conveying lands to plaintiff, covenanted and agreed that they “are free and clear from * * * taxes, assessments and incumbrances, of what kind and nature áoever. * * *” Plaintiff sued for the breach of this convenant, alleging that certain taxes lawfully assessed were outstanding which she was compelled to pay to save the property from tax sales. Findings were made and judgment rendered for plaintiff. Defendant appeals.

The evidence to support the judgment consists of certain tax receipts, a certificate of redemption, and evidence that appellee had paid…