Armstrong v. Banking Trust Co.

Citations

• 96 Kan. 722
• 153 P. 507
• 1915 Kan. LEXIS 478

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed —• Warranty against Incumbrance — When Lien for Special Assessments Attached. Where special assessments against real estate have been declared void, but are subsequently relevied, they do not constitute an incumbrance which relates back to the original levy so as to come within a covenant of warranty against incumbrances which was entered into subsequent to the first levy and before the relevy.</p> <p>2. Same. In an action to recover for breach of. a covenant against incumbrances, it was shown that in 1902 the city of Kansas City levied special taxes against the real estate for local improvements, the assessments being payable in ten annual installments. After they were levied and before any installments were paid, the assess- . ments were declared void and their collection enjoined. On March 24, 1912, subsequent to the conveyance of the land to plaintiff, the city re-levied the assessments under the provisions of section 993 of the General Statutes of 1909. Held, the real estate was subject to reassessment of the taxes, which made them in a strict sense an incumbrance, yet they did not become an incumbrance in the sense contemplated by the covenant until they became a lien by virtue of the relevy.</p>