Hoot v. Spade

Suit to foreclose a mortgage. Judgment for the defendant.

John Id. Baker and Myron Baker, for the appellants.1

The following established legal propositions dispose of the' questions arising in the cause.

1. Where there is a failure of title to a part of a tract of land purchased and taken possession of, and there is’ not a rescission of the contract on that account, the measure of damages on eviction from such part, in the absence of special circumstances, is a sum bearing the same proportion to the price ofTFe whole that such part bears to the entire tract of land. Philips v. Reichert, 17 Ind.…