Proffitt v. Isley
Arkansas Court of Appeals
683 S.W.2d 243 (1985)
Relevant factsFree
The Proffitts (defendants) sold property by warranty deed to the Atkinsons, who sold it to Carter, who in turn sold it by warranty deed to the Isleys (plaintiffs); after discovering the Proffitts' original mortgage was still outstanding, the Isleys sued the Proffitts directly on the deed covenants, and a jury awarded them the outstanding mortgage balance.
IssueFree
Whether the covenants of seisin, of the right to convey, and against encumbrances run with the land.