Talburt v. Berkshire Life Insurance

Bicknell, C. C.

— Hutchings and wife mortgaged land to' the appellee to secure $3,000 with interest; the mortgage became due by non-payment of the interest. Hutchings sold the • land to Talburt., who assumed the' mortgage debt, and agreed to pay it. Hutchings and wife, intending to convey the land to Talburt, made him a deed, in which the land, instead of being described as lots 217 and 218, which were owned and mortgaged by Hutchings, was described as lots 117 and 118, which Hutchings never owned. Hutchings became insolvent. Talburt, after paying three or four instalments of interest, refused…