Ellsworth Et Ux. v. Husband

Opinion by

Parker, J.,

This is an action brought by the plaintiffs, grantors in a deed, to recover from defendant, the grantee, a sum which plaintiffs allege they were compelled to pay in settlement of a mortgage subject to which the conveyance was made. The issue raised was submitted to a jury which found for the defendant and the court subsequently entered judgment n. o. v. for plaintiffs. Questions of substantive law and practice are raised on this appeal and it will be necessary to refer to the pleadings and proofs in some detail to show the precise questions raised.

Elijah M. Ellsworth and…