Congregation of Sisters of Perpetual Adoration v. Jane

Citations

• 110 Miss. 612
• 70 So. 818

Syllabus

<p>1. Covenants. Covenant against incumbrances. Breach. Liability. General covenants.</p> <p>Where a vendor sold land for a valuable consideration by a general warranty deed, the granting clause of which was “do hereby sell, convey and warrant” and further provided,” to have and to hold the samé free from and against the legal claims of all persons whomsoever,” which land had been previously assessed for taxes, and which was sold for taxes, and not redeemed within two years, where such tax lien had been unknown to the vendors and where the vendor, having notice of the tax sale 'in time to redeem, acted upon legal advice and failed to redeem, but in no way misled the vendor. In such case the vendee was entitled to recover of the vendor the consideration paid for the land.</p> <p>2. Covenants. General covenants.</p> <p>The warrantee, in a deed containing a general covenant must deal fairly and in fidelity to his warrantor.</p> <p>3* Covenants. Breach. Payment of claim by covenantee.</p> <p>Where a vendor of land in his deed warranted against the legal claims of all persons, and the land at the time was subject to a paramount tax lien, the vendee might pay the tax or redeem the land from a tax sale and recover from the vendor the. amount so paid, and a vendee in such case may buy in an outstanding title or incumbrance to protect his possession, but in so' doing he acts at his peril in determining whether the outstanding title or incumbrances is valid, which right, however, is a mere privilege accorded him, and not a duty imposed by law.</p>