Price v. Hubbard

Citations

• 8 S.D. 92
• 65 N.W. 436
• 1895 S.D. LEXIS 19

Syllabus

<p>1. Covenants of general warranty or for quiet enjoyment are essentially and conclusively prospective.</p> <p>2. Therefore in the absence of fraud or anything to overcome the presumption' that the vendor of real property is able to respond in damages, a purchaser in possession under a deed with covenants of general warranty, who has neither been evicted nor disturbed in his possession or quiet enjoyment, cannot, by showing a mere defect in the title, defeat an action to recover a balance due on the purchase price.</p> <p>(Syllabus by the Court.</p>