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CARNEY v. O'BYRN

No. 229-73.

321 A.2d 35 (1974)

Richard J. CARNEY and Madeline M. Carney v. Irene M. O'BYRN.

Supreme Court of Vermont, Addison.

June 4, 1974.

Attorney(s) appearing for the Case

Karl W. Neuse, Middlebury, for plaintiffs.

Hanford G. Davis, Brandon, for defendant.

Before BARNEY, C. J., KEYSER, DALEY and LARROW, JJ., and SHANGRAW, C. J. (Ret.).

SHANGRAW, Chief Justice (Ret.).

On August 29, 1968, the defendant, Irene M. O'Byrn, and her since deceased husband, Edwin O'Byrn, conveyed certain lands and premises in the Town of Salisbury, Vermont, to the plaintiffs, Richard J. Carney and Madeline M. Carney, by warranty deed. That deed waranted that the Salisbury property was "free from every encumbrance". However, at the time of the conveyance, the Salisbury property was subject to an oil, gas, and mineral lease...

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