Brooker v. Weber

—Action by the appellee against the appellant for the breach of the covenant against incumbrances in a deed for certain real estate executed by the defendant to the plaintiff. It appears, by averments in the complaint, that the defendant executed to the plaintiff a conveyance of certain real estate, for the consideration of thirteen hundred dollars, as expressed in the deed, and that the property was encumbered by a mortgage executed by one Mathew *427B. Tilberry to McKernan, Pierce, and Yandes, which mortgage has been foreclosed, the property sold, and the plaintiff evicted therefrom. It is…