Wood v. Evanitzsky

Opinion by

Reno, J.,

Plaintiff entered judgment upon a confession contained in defendants’ bond accompanying a purchase money mortgage. Defendants petitioned the court below to open the judgment and appealed from an order refusing relief.

By a deed following the statutory form, dated May 27, 1947, plaintiff and his wife conveyed their farm to defendants, husband and wife, describing the premises by metes and bounds, and containing a general warranty clause in addition to the words “grant and convey”. The consideration was $2500; of which $1000 was paid on April 15, 1947; $500 on the date of the…