Armstrong v. Banking Trust Co.

The opinion of the court was delivered by

Porter, J.:

This is an action to recover for breach of a covenant against incumbrances. The defendants’ motion for judgment on the pleadings was sustained and plaintiff appeals.

The petition alleged an agreement to procure for the plaintiff the title to certain real estate “free from all incumbrances,” payment by plaintiff of the purchase money, and that when title was conveyed, the real estate, consisting of a residence lot in Kansas City, was subject to the payment of *723special improvement taxes and interest, which constituted á prior lien and…