Alexander Ramsey Estate v. Merchants Trust Co.

In January, 1922, the defendant loaned to the owner of the land involved in this suit $2,500, taking a mortgage thereon to secure the payment of such loan. On March 17,1922, it sold and assigned such mortgage to the plaintiff, and at the same time executed to the plaintiff a written guaranty whereby it obligated itself to protect the plaintiff from all loss or damage by reason of any defect in the title to said land or any lien or encumbrance thereon superior to such mortgage.. This action is based upon such guaranty. The appeal is from an order sustaining a general demurrer to the complaint.

I…