Fretwell v. Pearman

The opinion of the Court was delivered by

Mr. Acting Justice Purdy.

The plaintiff respondent purchased a tract of land on the representations of his grantor that there were only two mortgages upon the land, for specified amounts, and the debts secured by these mortgages were assumed by the respondent and were to be paid by him as a part of the purchase money. It afterwards developed that there was' a third mortgage upon the premises. The respondent sold the land to another with covenants of warranty, and there was a recovery against him on his warranty, in the sum of $3,-604.27. The respondent…