Baker v. Decatur Lumber & Supply Co.

Head, Justice.

The answer of the defendant having been served on counsel for the plaintiff on June 17, 1952, and the case not having proceeded to trial until April 28,1953, the plaintiff had notice for more than ten months that the defendant was relying upon the provision of the deed with reference to it securing “any other present or future indebtedness or liability.” The validity of this provision of the deed was at issue in the first trial of the cause, and the plaintiff could not reserve any question as to its validity for an extension of the litigation in the event his first action was…