Title Guarantee & Trust Co. v. Hicks

In an action brought on October 3, 1952, to foreclose a purchase-money mortgage, the complaint alleges that defendant Hicks is in default in the sum of $479.67 principal, plus certain interest and taxes. Paragraphs “ Eighth ” through “ Nineteenth ” of the amended answer set forth, as a defense, setoff and counterclaim, that the agreement whereby plaintiff contracted to sell the property to defendant Hicks made on January 11, 1938, provided that plaintiff would convey an easement on a proposed road shown on a map and would improve such road at its own expense on or before April 1, 1938; that…