Sherwood v. Johnson
Indiana Court of Appeals
From Elkhart Circuit Court; H. D. Wilson, Judge. Action by Guy C. Johnson and others against Mary S. Sherwood for breach of covenant of warranty. From a judgment in favor of plaintiffs, defendant appeals.
1Opinion of the CourtIIbnlby, J.
Appellees commenced this action against the appellant for an alleged breach of the covenants of a warranty deed. They asked for damages, and that the purchase-money mortgage executed by them be canceled. Appellants by way of counterclaim sought to reform the deed and to reform and foreclose the mortgage. Upon the trial appellees were allowed damages' to the amount of $1,200, and appellant’s purchase-money mortgage was foreclosed for the difference between that sum and the amount due on the mortgage. Appellant has assigned error as follows: (1) The court erred in each conclusion of law. (2)…
2Cases cited13 opinions
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Quick v. TaylorIndiana Supreme Court · 1888
- Burk v. HillIndiana Supreme Court · 1874
- Kellogg v. MalinSupreme Court of Missouri · 1876
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3Cited by4 opinions
- Johnson v. SherwoodIndiana Court of Appeals · 1905
- Eriksen v. WhitescarverSupreme Court of Colorado · 1914
- Hudson v. McClaskeyIndiana Court of Appeals · 1995
- Stuhr v. ButterfieldSupreme Court of Iowa · 1911