Loomis v. Laughry

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to foreclose a purchase-money mortgage upon a tract of land in Norton county. The execution of the note and mortgage was not denied, but defendant claimed that the covenants of the warranty deed given to him had been broken by reason of which he had sustained damages to the amount of $3,000, and he asked that this, amount be awarded as a credit on the claim of the plaintiff. A. *446demurrer to the defendant’s answer and cross-petition was sustained and he appeals.

In his pleading he conceded that the amount claimed by…