Tropico Land & Improvement Co. v. Lambourn

Holding

The court held that a covenant of warranty in a deed is an assurance of title that, when breached, entitles the grantee only to money damages for the loss sustained, not to a decree of specific performance compelling the warrantor to acquire and convey an outstanding title. Furthermore, a contingent claim for such a breach, not presented to the executrix within the statutory period for creditors' claims, was forever barred because the claimant corporation, despite its assertion of nonresidency, was in fact present within the state and therefore had constructive notice of the probate proceedings.