Cramblitt v. Sherwood

The opinion of the court was delivered by

Dawson, J.:

This lawsuit arose over an exchange of two farms. The plaintiff traded a farm in Allen county, Kansas, to the defendant for a farm in Carroll county, Missouri. The contract covered certain details which will not need our attention ; but one of the stipulations to which the defendant bound himself was that the Missouri farm was “frée and clear of all incumbrance” except a $6,000 mortgage. The deeds were deposited in a bank to await completion of the abstracts and other incidental matters, but the parties at once entered into *459possession of the…