Hoffman v. Dickson

Citations

• 65 Wash. 556
• 118 P. 737
• 1911 Wash. LEXIS 971

Syllabus

<p>Covenants — Incumbbances—Costs-—Successful Defense of Assault on Title. Damages for a breach of a covenant against incumbrances and warranting the title against all “lawful” claims, cannot be recovered for attorney’s fees and expense incurred in successfully defending an action by third persons to foreclose a party-wall lien which was decreed to be inferior to the title conveyed by the deed of warranty.</p> <p>Judgment — Bar—Matters Concluded — Matters Not Litigated. An adjudication that a lot was subject to a party-wall lien as against defendants, who acquired title by mesne conveyances from a party to the party-wall agreement, is not conclusive in a subsequent action that the lien still exists or was enforcible as against the plaintiffs acquiring the title from the defendants.</p> <p>Covenants — Incumbrances—-Defenses—-Party-Wall Liens — Offset of Easement Rights. Where one-half of the cost of a party wall was secured by the party-wall agreement as a lien upon the lot, the same constitutes an incumbrance thereon and is a breach of covenant against incumbrances, notwithstanding the owner of the lot, upon payment of one-half of the cost, acquired a beneficial easement in the adjoining lot and party wall; hence it is no defense in an action for breach of the covenant against incumbrances to allege that the plaintiff had paid for the wall, constructed a building thereon using the wall, and had derived benefits and advantages equal in value to the cost and expense incurred; and the defendant is not entitled to offset against the damages the value of the party-wall easements acquired and used by the plaintiff.</p>