McNair v. Sockriter

Vermilion, J. —

I. The plaintiffs, appellees, brought this action in equity, to foreclose a mortgage upon real estate. The defendants and appellants, in answer, admit the execution of the note' and mortgage; allege that they were 8'iven f°r a part °f the purchase price of the ian(j• plead a partial failure of consideration, based on the alleged failure of title to part of the land; and set up a claim for damages for the alleged breach of the covenants of warranty in the deeds" by which appellees conveyed the land to them, and for the value of improvements made on the land. By a cross-petition…