Dore

The appeal in this case is from an order sustaining the demurrer of the defendants without leave to amend.

The question, in the case is whether or not there is to be found in the conveyance set out in the complaint an implied covenant against encumbrances.

The complaint alleges that the deed signed and acknowledged by the defendants on the ninth day of July, 1907, was not delivered until June 2, 1910,- that for the years 1908, 1909, and 1910 the lands described in the deed were assessed for taxes in a sum which, with interest and accrued penalties, aggregated $8,804.01, when they were paid by plaintiff on June 21, 1913. For this sum plaintiff demands judgment together with the statutory rate of interest from said last-mentioned date.

The granting clause in the deed reads: “That the said parties of the first part ... do by these presents grant, bargain and sell unto the said party of the second part, and to its successors and assigns forever, all of their right, title and interest in and to the following tracts” (describing certain parcels of land).

The plaintiff relies for a recovery in this action upon the provisions of section 1113 of the Civil Code, which section, so far as…