Trice v. Kayton

Citations

• 84 Va. 217
• 4 S.E. 377
• 1887 Va. LEXIS 25

Syllabus

<p>1. Deeds—Covenants—Quiet enjoyment—Highways—Case at bar.—Lot in N. city was sold and conveyed by metes and bounds with covenants for quiet enjoyment, free from encumbrances. Later, it was ascertained that the house and fence encroached upon the street. City required their removal. Purchaser removed them, and sued grantor for breach of covenants :</p> <p>Held :</p> <p>Plaintiff entitled to recover. Encroachment of house and fence upon the street, was a hidden fact, not in contemplation when the sale was made.</p> <p>2. Cases Distinguished.—Jordan v. Eve, 31 Gratt., 1, differs from case at bar in that, in the former case, the highway was known to purchaser, and included in the contract.</p>