Tennenberger v. Sozio

The complainant agreed to buy the defendant's property, and paid down $2,000, which he now seeks to recover because, as he charges, the defendant was unable to give a clear title. In 1907 Peter Young conveyed the property to one Franz and took in part payment a $1,500 purchase-money mortgage. Two years later Franz turned back the property to Young, and in the deed recited that it was conveyed subject to the mortgage. Young died, leaving his estate, real and personal, to his widow, who was also executrix of his will. Mrs. Young, the widow and devisee, in 1911, conveyed the premises to the…