Demars v. Koehler

The opinion of the court was delivered by

Lippincott, J.

The plaintiff below, who is plaintiff in error in this court, instituted an action against the defendant to recover damages for the breach of a covenant against encumbrances contained in a deed of conveyance in fee-simple of lands and premises situate in the city of Newark.

The deed of conveyance was made, executed and delivered by the defendant and his wife to the plaintiff on .the 10th day of February, 1896. The deed of conveyance contained the usual covenant against encumbrances. On October 14th, 1895, the defendant made a verbal lease…