Barsky v. Katz

NORTH; J.

This case is brought to this* court by writ of error. It has been submitted without oral argument. The appellees have failed to file a brief. Plaintiff’s declaration contains two counts: the first for breach of a covenant against incumbrances contained in a deed given by defendants to plaintiff; the second is on the common counts. ■ The defendants filed a plea of the general issue with notice of special defenses, and also filed a cross-declaration, though it appears from appellant’s brief that the cross-declaration probably should have been filed in another case pending between the…