Seaman v. O'Hara

This suit was brought to recover a certain sum paid by plaintiff on a mortgage given by defendant and covering premises which defendant had afterwards sold to plaintiff. The deed which defendant gave the' plaintiff contained a covenant which plaintiff claimed made defendant liable to pay any sum owing upon the mortgage beyond a certain sum which was specified, while defendant, on the other hand, insisted that he conveyed subject to the payment by plaintiff of the whole mortgage. The plaintiff did in fact pay the whole, but then brought suit in assumpsit on the common counts to recover from…