Stears v. Hollenbeck

— Hollenbeck purchased the premises, after the mortgage in suit was executed, from the mortgagors and received from them a warranty deed, excepting from its covenants the mortgage and all back taxes. The mortgagors are united with him as defendants herein. As a defense to the action he pleads that he holds title to the land under a tax deed executed, after his purchase and deed from the mortgagors, upon a sale for taxes before due and delinquent, and which 'are therefore excepted from the warranty of the deed to him. Plaintiff, replying to Hollenbeck’s answer, sets up substantially the same…