Dunn v. Mills

The opinion of the court was delivered by

Burch, J. :

A vendor sold to a purchaser a tract of land and agreed to convey and assure it in fee simple, clear of all encumbrances by a good and sufficient warranty deed, and an abstract of title The vendee paid a portion of the purchase-money in cash and agreed to pay the balance at stated times. The contract was in writing. The vendor was in peaceable possession of the land and as soon as the contract was executed he delivered up possession to the vendee, who has ever since occupied the premises without disturbance and without question of his title.…