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Proffitt v. Isley
Arkansas Court of Appeals
683 S.W.2d 243 (1985)
Bobby and Mary Proffitt (defendants) sold property to Truman and Earline Atkinson. The Atkinsons sold the property to Shirley Carter. Carter sold the property to Arthur and Bonnie Isley (plaintiffs). All sales were by warranty deeds. After the Isleys’ purchase, they discovered that the Proffitts’ mortgage was still outstanding. The Isleys brought suit based on the covenants in the warranty deeds, including the covenant against encumbrances. The jury awarded the Isleys $4,390.78, the outstanding mortgage balance. The Proffitts appealed.
Rule of Law
Holding and Reasoning (Mayfield, J.)
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