Polak v. Mattson
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action to recover for damages alleged to have been sustained by reason of the failure of covenants of warranty in a deed of conveyance. Judgment for defendant. The covenant there expressed is not one of warranty of title, or of quiet enjoyment against encumbrances. It is that the property so conveyed is free from encumbrances — that there are no encumbrances on it.
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APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action to recover for damages alleged to have been sustained by reason of the failure of covenants of warranty in a deed of conveyance. Judgment for defendant. The covenant there expressed is not one of warranty of title, or of quiet enjoyment against encumbrances. It is that the property so conveyed is free from encumbrances — that there are no encumbrances on it. In ease of breach of covenant against encumbrances, the breach occurs when the deed is given, and no eviction is necessary.…
1Opinion of the CourtSullivan, J.
This action was brought to recover $205.50, with interest thereon, alleged to be due the plaintiff by reason of his having paid that amount to clear the title *730to certain land that he purchased from the defendant, with an encumbrance thereon created by the sale of said land for certain taxes levied against it. A demurrer to the amended complaint was overruled and the defendant answered and the cause was tried by the court, and at the close of'plaintiff’s testimony the def endant moved to strike out all of the evidence introduced by the plaintiff, on the ground that it was incompetent,…
2Cases cited4 opinions
- Douglass v. LewisSupreme Court of the United States · 1889
- Cockrill v. OwenSupreme Court of Missouri · 1847
- Smith v. EigermanIndiana Court of Appeals · 1892
- Leddy v. EnosWashington Supreme Court · 1893
3Cited by5 opinions
- Brinton v. JohnsonIdaho Supreme Court · 1922
- Crist v. FifeCalifornia Court of Appeal · 1919
- Urich v. McPhersonIdaho Supreme Court · 1915
- Urich v. McPhersonIdaho Supreme Court · 1915
- Whayne v. McBirneySupreme Court of Oklahoma · 1945