West v. Masson

Citations

• 67 Cal. 169
• 7 P. 452
• 1885 Cal. LEXIS 590

Syllabus

<p>Deed—Beeach oe Covenant—Gbant, Bargain, and Sais.—The defendants, by a deed of grant, bargain, and sale, conveyed certain land to the plaintiff, and expressly covenanted therein “ to warrant and defend the premises against all persons lawfully claiming the same, hy, through, or under them.” At the, time of the conveyance the grantor of the defendants was in possession of the premises, claiming that his deed to them, although absolute in form, was intended as a mortgage. He subsequently brought an action against the plaintiff and the defendants to redeem from such alleged mortgage. The plaintiff-defended the action, and afterwards brought an action against him to recover possession of the premises. In both actions the plaintiff was successful. Held, that there had been no breach of either the express or implied covenants in the deed to the plaintiff.</p>