Pitman v. Conner

This was an action by the appellant for the breach of a covenant against incumbrances, in a deed executed by the appellee. , The complaint alleged that the appellant had^ been compelled to pay off a mortgage lien to one Clark, which existed at the time of the execution of the deed. The appellee answered that before and at the time of the conveyance, the appellee agreed, as part of the consideration for the sale and conveyance of the property, that he would discharge the incumbrance in question. On tho trial, proof was introduced, over the objection of the appellant, tending to show such a…