Edmund v. Boring

Citations

• 35 Ohio C.C. Dec. 659
• 30 Ohio C.A. 238

Syllabus

<p>CONTRACTS</p> <p>1. Agreement to Deliver a Warranty Deed Held not Covenant Against Incumbrances.</p> <p>When a contract for the sale of real estate binds the owner to make and deliver a warranty deed on a certain date, but contains no mention of a covenant against liens and incumbrances, the purchaser must be held to have agreed to take the land subject to such liens and incumbrances as were in existence at the time the contract of sale was executed; accordingly, the seller is entitled to receive the full amount named in the agreement without deduction for liens and incumbrances.</p> <p>2. Protection of One Holding an Inchoate Contingent Right of Dower Enforceable.</p> <p>When it appears that the husband of the owner of lands sold on contract to deliver warranty deed did not sign the agreement to sell and in no way bound himself by the terms of the agreement, the land will be ordered transferred subject to his inchoate contingent right of dower.</p>