Bothwell v. Schmidt

On September 18, 1909, appellant, Philip C. Schmidt, and appellee, Henry C. Bothwell, executed their written agreement, whereby appellee sold and contracted to convey to appellant two hundred and sixty acres of land in Clay county for the sum of $9000, $20. of which was paid at that time, the remainder to be paid on or before October 18 following, at which time appellee was to convey the said real..estate to appellant free and clear of all encumbrances, by a good and sufficient warranty deed. At the time the contract was executed there were two unpaid mortgages upon this real estate,—one for…