Trescott v. Barnes

Beck, Ch. J.

1 pormer aajudgmental appeal. — The answer sets up, as a defense, that the notes in suit were given in the purchase of a town lot, which plaintiff became bound to convey to defendant by clee<l warranty. It is not necessary to recite transactions under which the parties acquired an interest in the lot. The answer shows that an incumbrance in the nature of an easement for a drain held by another party rests upon the lot, and that the value of the property is greatly diminished thereby, and it is rendered unfit for the purposes for which it was purchased. It is also alleged that…