Todd v. Davey

I. The petition alleges that one Knowles, being the owner of certain land, bargained and sold it to one Whitney for $4,000, $500 cash, and the balance to be paid in yearly installments of $500 each, for which Whitney executed his seven promissory notes, one falling due each year. Knowles executed to Whitney a writing agreeing to convey the land to Whitney upon payment of the notes.

Subsequently Knowles transferred all of the notes and conveyed the land to plaintiff warranting, the title, except as against the rights of Whitney.

After plaintiff had acquired the title to the land and the Whitney…