Deaver v. . Deaver

This is an action upon a covenant against incumbrances contained in a deed for a tract of land from the defendant, R. M. Deaver, to his brother, A. E. Deaver, dated 11 May, 1897. The deed also contained covenants of seizin and of warranty. The consideration recited in it is $3,000, the receipt of which by the defendant is acknowledged. The breach alleged consists in the fact that at the time the deed was executed there was an incumbrance on the land, to wit, a deed of trust dated 21 October, 1890, from the defendant to J. E. Rankin, securing a debt of $1,000, which was evidence by a note of…