Taylor v. Allen

Citations

• 60 Pa. Super. 503
• 1915 Pa. Super. LEXIS 228

Syllabus

<p>Deed — General warranty — Implied covenant against encumbrances — Tax liens — Act of May 28,1715,1 Pennsylvania Laws</p> <p>Where land subject to the lien of taxes is conveyed by a deed of general warranty containing the usual words “grant, bargain and sell,” a breach of the covenant of warranty occurs immediately upon the delivery of the deed, inasmuch as a lien for taxes is an encumbrance within the meaning of the Act of May 28, 1715, 1 Pennsylvania Laws 94, which provides that the words “grant, bargain and sell” in a recorded deed “shall be adjudged an express covenant to the grantee, his heirs and assigns, to wit, that the grantor was seized of an indefeasible estate in fee simple, freed of encumbrances done or suffered from the grantor.”</p> <p>If, in such a case, the grantee has been compelled to pay the taxes after notice to the grantor, he may recover from the grantor the amount which he has been compelled to pay, and this is the case although the taxes were assessed before the grantor became the owner of the property.</p>