Grice v. Scarborough

Citations

• 29 S.C.L. 649

Syllabus

<p>1. Where the grantor of a tract 6f land warrants it iii his deed to bb free from all incumbrances,- a prior outstanding.lease on the premises made by him, and not noticed in the conveyance, is an incumbrance on the land,within the legal meaning of that term, and in covenant on the deed, a breach on this ground is well assigned.</p> <p>2. Where the grantor of a tract Of land covenants against all incumbrances, it cannot be shewn by parol, that he did not warrant against a particular incumbrance; therefore, a plea avering that plaintiff had notice of the outstanding lease was no baf to' the action, and a general demurrer thereto should have been sustained. •</p> <p>3. Whether the plaintiff was entitled to the rent, or whether paid in advance, or adequate to the injury sustained, are questions which might arise on the trial of the question of damages, but could not be decided on a general demurrer.</p>