Bruington v. Barber

The opinion of the court was belivered by

Smith, J.:

This was an action brought by W. M. Barber to recover damages from the plaintiffs in error for breach of the covenants of warranty in a deed executed and delivered by them to him on May 28, 1893. The deed contains the usual covenants of warranty, seisin, for quiet enjoyment, and against encumbrances. The property conveyed is a town lot. It appears that on the 8th day of September, 1886, one C. M. Scott obtained a tax deed to the lot in controversy, and placed the same on record the day following. At that time the property was occupied by…