Sutliff v. Smith

John H. Smith., -who owned certain lands in Woodson County, a part of which he held by virtue of a tax deed, traded the property to Jacob Trembly for a piece of land in Johnson County and a mortgage, for four thousand dollars, covering the difference in value between the tracts of land exchanged and also $350 of money loaned by Smith to Trembly. At the time the exchange was made it was agreed that Smith should perfect the title as against Asa G. Sutliff, who held the original title to the land. To insure the performance of this agreement on the part of Smith, the following clause was inserted…