Bailey v. Levy

The suit was for damages for breach of a covenant of warranty against incumbrances contained in the conveyance of real property made by appellants to appellee — the amount of a street paving assessment against the property described in the deed. The trial, without the intervention of a jury, on an agreed statement of facts, resulted in judgment for the plaintiff, and defendants appeal.

The sufficiency of the several counts is challenged by demurrers, which, if overruled, raised the vital question for decision. It may appear to be one of first impression, though bearing similarity to Dothan…