Sipe v. Greenfield

Opinion by

WILLIAMS, C.

The parties herein will be referred to as they appeared in the trial court.

Plaintiff in his petition prayed judgment against the defendant in the sum of $2,000 for money paid by the plaintiff to the defendant for a l-16th royalty interest in certain lands, and based his right of recovery upon an alleged breach of warranty of title in that the defendant agreed by written contract to furnish plaintiff with a good title, and that title to the same was not good for the reason that there was an existing mortgage on said real estate.

Defendant admits the ownership of the land…