GERDES v. SHEW

No. 68SC114.

166 S.E.2d 519 (1969)

4 N.C. App. 144

John Henry GERDES v. Richard A. SHEW and wife, Idalora W. Shew.

Court of Appeals of North Carolina.

April 2, 1969.


Attorney(s) appearing for the Case

Marshall & Williams, by Lonnie B. Williams, Wilmington, for plaintiff appellee.

Douglas P. Connor, Mount Olive, for defendant appellants.


PARKER, Judge.

By the covenant against incumbrances a grantor of land gives to his grantee security against any outstanding right to, or interest in, the land granted which may subsist in third persons to the diminution in value of the estate conveyed, although consistent with passing of the fee. An incumbrance, within the meaning of such a covenant, is any burden or charge on the land and includes any right existing in another whereby the use of the land by the owner...

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