Kelly v. Greany

This is an action for breach of a covenant against incumbrances, in which the judge * instructed the jury that if they believed the testimony the plaintiff was entitled to nominal damages only.

The incumbrance complained of consisted in a tax duly assessed upon the premises, which confessedly was covered by the covenant. To get rid of the incumbrance caused by the tax the plaintiff paid $84.52, and three days later brought this action.

At the trial the defendant proved that before the plaintiff paid the tax here in question he had conveyed the land by a deed “ containing in the descriptive part…