Bilby v. Halsell

Opinion by

THRIGADGIDL, O.-

Plaintiffs in error were defendants and defendant in ;enror was plaintiff in the trial court and, for convenience, they will be referred to herein as they were there.

Plaintiff brought suit against defendants on a covenant of warranty in a deed which was in the usual form and among other items warranted the title against all taxes, the only exceptions being a mortgage for purchase price and existing leases. A copy of the deed was attached to plaintiff’s petition. Plaintiff claimed and alleged that at the time the deied was given there were taxes due and unpaid,…