Brownback v. Spangler

Leamifg, Y. C.

The controversy herein may be resolved by a consideration oi the restricted defenses open to a defendant-mortgagor in a suit brought against him to foreclose a mortgage executed to secure a part of the purchase price of the mortgaged premises.

The deed of conveyance from complainants to defendant-mortgagors is a general warranty deed, but contains no covenant against encumbrances. The land conveyed is described by metes and bounds and as containing nine acres. The tract contains nine acres, but it has since been ascertained that a former owner filed in the county clerk’s office a…