Jones v. Grow Investment and Mortgage Company

CALLISTER, Justice.

Action to recover damages for breach of covenant against encumbrances. The trial court, sitting without a jury, awarded judgment to the plaintiffs and defendant appeals.

Defendant conveyed to plaintiffs by a statutory form of warranty deed 1a a residential lot located in Orem, Utah County. The deed provided, in addition to the form language, that the described tract of land was “subject to deed restrictions and easements of record.”

At the time of the conveyance there existed an open irrigation ditch which ran the length of the east side or rear of the lot. The ditch…