VanNess v. Royal Phosphate Co.

Citations

• 60 Fla. 284

Syllabus

<p>The legal existence of a railroad right of way, and of the roadbed and track upon real estate at the time it is conveyed by a deed in which the grantors bind “themselves and their heirs, executors and administrators to warrant and forever defend the title to said premises, unto the said party of the second part, its heirs, successors and assigns against the said parties of the first part and their heirs,,executors and administrators, and against all persons whomsoever lawfully or equitably claiming or to claim the same,” does not give the grantee in the deed a right of action for damages against the grantor, because of the existence of the said right of way, roadbed and track.</p>