Luther v. Brown

The action is one to recover damages for the breach of covenants in a deed. The trial court at the close of plaintiff’s evidence instructed the jury to find a verdict for the defendant, which they did. From a judgment entered upon this verdict the plaintiff appeals, and assigns for error that, upon the uncontroverted facts, judgment should have been for him.

The facts stated in the plaintiff’s petition, and shown upon the trial, were as follows: In November, 1887, the defendant conveyed to the plaintiff certain lands in Audrain county for a stated consideration of $6,720. The deed contained…