Thiele v. Axell

FISHER, Chief Justice.

July 9, 1890, appellees brought this suit against appellant to recover $1675, with interest from March 12, 1890, till paid, and for cause of action suit was based on alleged breach of warranty given by appellant. The petition alleges, that on December 3, 1883, appellant, for money then paid and notes subsequently paid, all aggregating $1500, conveyed to them 235 acres of land, described in the petition, and expressly bound himself, his heirs, and executors to defend the title, etc. That appellant, at the time of making the deed, was not the lawful owner of the premises.…