[Download] "Ortega v. Lovell" by Mississippi Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Ortega v. Lovell
- Author : Mississippi Supreme Court
- Release Date : January 17, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Real Property — Deeds — Breach of Warranty — Covenant Against Encumbrances — Irrigation District Bonds — Complaint — Pleading Conclusions. Real Property — Irrigation Districts — Breach of Warranty — Covenants Against Encumbrances — Defective Complaint. 1. Failure to allege in the complaint in an action for breach of warranty against encumbrances based upon an outstanding bond issue of an irrigation district that the lands conveyed were situate within the district rendered the pleading technically defective. Same — Irrigation Districts — Breach of Warranty — Complaint — Pleading Conclusions. 2. Plaintiffs allegations that there existed an encumbrance on land within an irrigation district by virtue of a bond issue and that such issue had been regularly made, levied and issued were mere legal conclusions; to show the validity of the bond issue, proper pleading required a showing that the district court had made an order of confirmation, which, if made, may be alleged as "having been duly given and made," under section 9169, Revised Codes of 1921. Same — Irrigation Districts — When Assessments Become Encumbrances. 3. A special assessment, such as is required by section 3974, Revised Codes, as amended, to be levied by the board of directors Page 288 of an irrigation district each year on each forty-acre tract or fraction thereof, does not become an encumbrance until the proportionate share of the tax has been officially determined. Same. 4. Where a special levy does not become a lien until after land is conveyed, there is no breach of covenant against encumbrances. Same — Irrigation District Bonds Become Encumbrances, When. 5. Irrigation district bonds are but general obligations of the district for the enforcement of which against individual tracts of land therein no method is provided by the law; they are payable by assessments against the land benefited by the improvement, and do not constitute an encumbrance upon a tract of land in the district, within the meaning of warranties against encumbrances in a deed, except as to assessments levied but not paid prior to the making of the deed.
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