Rosengrave v. Clelland

This action, originating in a justice court upon a covenant in a -warranty deed against taxes, is here from a trial on appeal in the county court. The defense was, that the deed was made in pursuance of a written contract between the grantor therein and a third party; that such contract was assigned to and assumed by the grantee in the deed, the plaintiff below, the appellee here; that such contract contained a provision obligating the contractee to discharge the taxes here in question ; that such clause should have gone into the warranty deed, and that by mistake it was omitted therefrom and…