O'Conner v. Phillipsen

Patrick McCarty gave a deed of land to the defendant, Philipsen. The description in the deed consisted of two pieces of land, one of twenty-five and one of fourteen acres. The consideration for the deed was $2,250. There was a mortgage of $800 on the property and judgments against the grantor, which were liens on the land. Philipsen took subject to the mortgage and also subject to the judgments and gave the mortgage in question for $680. The sale was made for McCarty through one Sweeny, a real estate broker. In April, 1891, McCarty agreed with Philipsen to take two promissory notes for $100…