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MMLU / A landowner conveyed 50 acres of his orchard to a fanner. The deed contained the…

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question

A landowner conveyed 50 acres of his orchard to a fanner. The deed contained the following covenants:(1) seisin, (2) right to convey, and (3) against encumbrances. When the landowner conveyed the property to the farmer, there was an outstanding mortgage. The farmer took possession, and shortly thereafter, threatened with foreclosure, he paid off the mortgage with interest. The farmer now sues for breach of covenant against encumbrances. The court will most likely allow

choices

  1. recovery for the amount in principal and ininterest thereon from the time of the mortgagepayment.
  2. recovery for only the principal that the farmerpaid on the mortgage.
  3. recovery for the measure of value betweenthe value of the land with and without such anencumbrance.
  4. no recovery.

subject

professional_law

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