Dalsing v. Leib

The opinion of the court was delivered by

Hopkins, J.:

The action was one to foreclose a mortgage on land conveyed by the plaintiffs to the defendants. The defendants prevailed under a cross-petition for damages because of breach of warranty. Plaintiffs appeal.

The defendants, on September 19,1918, purchased from the plaintiffs an 80-acre farm in Montgomery county. The purchase price was $4,500, of which amount, $2,100 was paid in cash. The balance, of $2,400, was evidenced by a note and mortgage upon the land conveyed. A deed from plaintiffs to defendants purported to convey the entire estate…