Edwards v. Clark

The plaintiff traded a house and lot in the city of Lansing, heavily mortgaged, for a farm in Wheatffeld township, also largely incumbered, and which mortgage was then in process of foreclosure. The deed of defendants conveying the farm was, in form, a usual warranty deed. The covenant" against incumbrances is full and without limitation against <fall incumbrances whatever;” but, in the covenant to warrant and defend against lawful claims, the mortgage then being foreclosed is mentioned and excepted.

At the time the trade was made, one Bellinger was in possession of the farm under a verbal…