Ireton v. Thomas

Citations

• 84 Kan. 70
• 113 P. 306
• 1911 Kan. LEXIS 282

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deeds — Breach of Warranty — Encumbrances—Public Levee —Notice to Grantee. Where a portion of a tract of land is appropriated under the authority of chapter 69 of the General Statutes of 1909, and a levee is erected thereon to a sufficient height to dam up the surface water naturally flowing therefrom, which levee covers about fifteen acres of the land, and thereafter the land is sold to a purchaser who actually sees or has an opportunity to see the levee, and the owner of the land executes to him a deed with the usual covenants of warranty, with no exception referring to the levee, the purchaser has no cause of action against the seller for a breach of warranty by reason of such encumbrance.</p>