William Farrell Lumber Co. v. Deshon
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. statement by the court. Appellee brought suit in the Pulaski circuit court upon the following instrument of writing: “Little Rock, Ark., September 20, 1893. Received of J. W. Deshon, trustee, three hundred and fifty dollars ($350) for land in Grant county, to be paid on or before two years. Wi. Farrell Lumber Co.” This case was tried by the court sitting as a jury.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. statement by the court. Appellee brought suit in the Pulaski circuit court upon the following instrument of writing: “Little Rock, Ark., September 20, 1893. Received of J. W. Deshon, trustee, three hundred and fifty dollars ($350) for land in Grant county, to be paid on or before two years. Wi. Farrell Lumber Co.” This case was tried by the court sitting as a jury. The facts, as found by the court, are as follows: The note sued on ($350), of date September,- 1893, was given for certain lands, in all 160 acres, described in deed which…
1Opinion of the Court
Wood, J.,
(after stating the facts.) A covenant against incumbrances in a deed is one in praesenti. If incumbrances exist, the covenant is broken &s soon as made. The breach of such a covenant is “single, entire and perfect in the first instance,” and the right of action accrues at once. Kawle, Cov. for Tit. §§ 189, 205; 4 Kent, Com. 471; Smith v. Jefts, 44 N. H. 482. The covenantee, however, is not compelled to sue at once; and, if he sue before he has been disturbed or has suffered injury by reason of the incumbrance (not having paid anything to remove or extinguish it), he can only recover…
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