McArthur v. Schultz

tiloate o?er' piamreco'rf. I. Appellant’s abstract of record shows that this action was commenced at law, to recover damages for an alleged breach of covenants . °f warranty in a deed of conveyance, by reason of lands being encumbered by an unsatisfied mortgage for three hundred dollars. The defendant filed his cross-petition, alleging that plaintiff had assumed said mortgage, and that by mistake or fraud it was omitted to insert the exception of said mortgage in the deed. . The abstract shows that the case was transferred to equity, and that on November 20, 1880, the court entered the…