Higson v. Hughes

Plaintiff brought suit to recover on a promissory note, given in part payment for a lodging house previously sold by her to the defendant. The defendant answered, setting up a “failure of title or breach of warranty of title to the property conveyed.” From a judgment in favor of plaintiff, defendant has appealed.

The first contention made in the briefs goes to the facts of the case. It will serve no purpose to review them. We have read the record and agree with the trial judge that plaintiff is entitled to recover, unless there was a breach of covenant of title. A part of the consideration for…