85 Iowa 622 | Iowa | 1892
This action was tried to the court, a jury having been waived. The district court found the facts and conclusions of law based thereon as follows: “First. On the-day of-, 1885, the defendant, J. S. Lee, executed to the plaintiff a deed of conveyance for the south half (i) of the southwest quarter (z) of section twenty-one (21), township one hundred (100), range twenty-five (25) west fifth principal meridian, Iowa, with covenants of warranty against incum-brances, except a mortgage of two hundred and sixty-two •dollars and seventy-five hundredths dollars ($262.75). Second. That at the time of the execution and delivery of .said deed the said premises, together with the northeast quarter of section thirty-three, township one hundred, range twenty-five west fifth principal meridian, Iowa, was in fact incumbered by a mortgage of seven hundred and •eighty dollars and sixty-three one-hundredths dollars ($780.63), bearing interest at eight per cent, from December 16, 1882. The said sum of two hundred and sixty-two dollars and sixty-five hundredths ($262.65) mentioned in the deed to the plaintiff being the one-
I. It is contended that the law in this state is, that a covenant against incumbrances is broken as soon as
II. The finding of facts shows that the deed covenanted against all incumbrances except a mortgage of two hundred and sixty-two dollars and
III. The court finds that the taxes paid were taxes upon other lands than the eighty purchased by the
IV. It is insisted that in any event the plaintiff was entitled to nominal damages, inasmuch as when he
The judgment of the court below is affibmed.