Ben-Hor Corp. v. Conant Realty Co.

The bill is to foreclose a purchase-money mortgage. The mortgagor-purchaser seeks an abatement of the mortgage debt, the purchase price, because of an alleged breach of a covenant against encumbrances in the deed from the mortgagee set up in the answer thus:

"4. The covenants and representations set forth in the foregoing paragraph were false, fraudulent and untrue in that the title to said premises was defective and said premises were encumbered and charged with the right of the owners of adjoining premises and others in the stream, brook, ditch, natural waterway and or drain running across…