Fitzer v. Fitzer

This case originated before a justice, and the amount involved, exclusive of costs, is $50 38. It was a suit for covenant broken, to recover the amount of taxes paid by the plaintiff upon z’eal estate conveyed by the defendant to the plaintiff, being a lien on the land at the time of the conveyance. The defense was that the plaintiff, in part consideration for the conveyance, agreed by parol to pay the taxes. The evidence was sufficient to establish the truth of the defense, and the jury found accordingly. It was long since held, in this State, that such a defense can be made. Allen v. Lee, 1…