Merriman v. Schmitt

On June 13, 1890, Elizabeth C. Lidster conveyed to the appellant, Charles W. Merriman, a tract of land in Beloit, Wisconsin, in consideration of $12,150. Merriman executed three notes for $3000 each, payable in one, two and three years after date, for part of the purchase money, and secured them by mortgage on the land. On June 16, 1890, Merriman executed a warranty deed of the same land at Beloit to the appellee, Frank P. Schmitt, who lived in Chicago, the consideration mentioned in the deed being $16,250. That deed contained full covenants of warranty, except as to the mortgage of $9000,…