Holzheier v. Hayes

SMITH, C.

The defendants, by a grant deed of date November 17, 1890, conveyed to the plaintiff lots 11 and 12 of block 49 of Myers and McComber’s addition to Oceanside, and another lot. The suit was brought for breach of the covenant against prior encumbrances, implied in the deed, whereby lots 11 and 12 were lost to the plaintiff. (Civ. Code, sec. 1113.) The case was submitted on an agreed statement of the facts, and judgment given for the plaintiff (now respondent) for five hundred dollars'—the agreed value of the lots—with interest and costs.

It is admitted, as alleged in the complaint, that…