Maddocks v. Stevens

The covenant counted on in this action of covenant broken is tbe usual covenant against incumbrances in deeds of conveyance of land. The language of tbe covenant in tbis case is: “They [the granted premises] are free of all incumbrances.” The breach alleged is tbe existence of unpaid taxes assessed upon tbe land prior to tbe conveyance. An unpaid tax lawfully assessed upon a parcel of land is a lien upon tbe land from tbe date of tbe assessment, and constitutes an incumbrance and a breach of a covenant against incumbrances. Cochran v. Guild, 106 Mass. 29.

It is incumbent on tbe plaintiff to…