Perry v. Meyer

Edward Perry commenced an action against Charles *348Meyer, Jr., to foreclose a real estate mortgage, .given to ■secure a part of the purchase price of 365 acres of land sold and conveyed by Perry to Meyer. Charles Meyer, ,J'r., commenced an action against Edward Perry to rescind the contract of sale of .said land and for .'a cancelation of the mortgage on the ground that a merchantable title to the land- had not been furnished. The two actions were consolidated and tried together, resulting in a decree foreclosing the mortgage and a dismissal of the cross-action for a rescission of the contract…