Yancey v. Tatlock

I. Plaintiff avers: That on November 3, 1883, he purchased certain land of defendants and paid for the same. That they executed and delivered to him their warranty deed therefor, which contained the following provision: “ And we warrant the title hereto against all persons whomsoever.” That at the time he 1 purchased the land it was mortgaged, which fact was known to defendants, but not known to plaintiff, and was concealed from plaintiff. That he has been compelled to pay said mortgage in the sum of five hundred and sixty dollars, and has been damaged in the sum of four hundred dollars for…