McCrum v. Rubbert

The case is much more prolix in its facts than the above opening statement indicates. There is a multiplicity of points raised by the appellant, many of which are unimportant and none of which are meritorious in our judgment. The more important point in the controversy is as above stated, and we shall give our first attention thereto. '

In 1918 Rubbert was the owner of 320 acres of land; which he had mortgaged for $16,000. He sold the land to McCrum for a price approximating $60,000. McCrum paid $19,000 in cash, and" gave back a second mortgage for $25,000. The deed to McCrum provided that…