O'Kane v. Kiser

The questions in this case are: 1. Whether where a promissory note has heen given for the jiurchase money of land, and a title-bond taken conditioned for the conveyance of the land, with an unincumbered'title, on the same day that the note becomes due, a suit can be maintained on the note, if a deed be tendered, though the land is incumbered by a mortgage not due, the obligor being solvent? 2. Whether parol evidence is admissible to show knowledge by the purchaser, when the contract was made, that the mortgage incumbrance would not be due at the time the deed was required to be made to him ?…