Tarantelli v. Tripp Lake Estates, Inc.

The plaintiffs commenced two actions against the defendant, titles in both actions being the same.

Both actions are based on certain covenants contained in a deed from Frank W. Smith and wife and Nelson B. Fox and wife, as grantors to Clayton L. Jones, as grantee, which deed is dated August 24, 1926 and recorded in the Warren County Clerk’s office on September 1,1926 in Book 169 of Deeds at page 394. The issues involved being common to both actions, they were tried together before this court without a jury and the decision of this court applies to both actions.

In the year 1926 the…