Blaine County Natioanl Bank v. Jones

Appellant brought this action to foreclose a mortgage on certain lands in Blaine county. Respondents set up in their answer a total failure of consideration and a breach of certain statutory covenants implied, under the provisions of C. S., sec. 5384, from the use of the word "grant." Respondents also interposed a plea of abatement, asking that the action be abated until this court finally determine the case ofAlbrethsen v. Wood River Land Company. A jury was called and served in the trial court. Certain interrogatories were submitted to it, all of which were answered favorably to…