Lancaster v. Smithco, Inc.

This controversy between the parties has resulted in two prior appeals. 238 S. C. 15, 119 S. E. (2d) 145; 241 S. C. 451, 128 S. E. (2d) 915.

The plaintiffs brought the present action to recover for the alleged breach of the general warranty in a deed to real estate. The complaint alleged that a house and lot was conveyed by the defendant to the plaintiffs without exception as to an outstanding easement for a gas pipeline across the property, and that the covenant in the deed against encumbrances was thereby breached. The defendant, in addition to denying that the plaintiffs had suffered any…