Waggle v. Worthy

Hayne, C.

This is an action upon a covenant against encumbrances implied by statute, from the use of the word “grant” in a conveyance of real property. (Civ. Code, 1113.) The conveyance was made on July 5,1884. The breach alleged is that the property was at the date of the deed subject to the lien of a judgment “suffered ” by the vendor for $840.30, docketed on the 21st of March, 1884, under which the property was sold and subsequently redeemed by the plaintiff. The cause was submitted on briefs, but no brief for respondents is on file. So far as we can gather, the defenses were two, viz.: 1.…