Cox v. Stambaugh

The opinion of the court was delivered by

Burch, J.:

The action of Cox v. Stambaugh was one for damages for breach of a covenant against incumbrances contained in a warranty deed. The plaintiff recovered and the defendants appeal. The action of Foster v. Cox was one to rescind the transaction whereby Cox acquired the land conveyed by the deed and to compel Cox to deed the land to Foster. Cox recovered and Foster appeals.

*685On August 12, 1913, Foster traded shares of corporate stock for Stambaugh’s land. Before conveyance, and on August 14, 1913, Foster sold the land to Cox. Cox paid Stambaugh…