93 Iowa 32 | Iowa | 1894
In October, 1887, the defendant conveyed to the plaintiff a tract of land, which at the time was incumbered by two mortgages, duly recorded, given to secure promissory notes to the amount of about three hundred dollars. The deed of conveyance covenanted that the land was free from incumbrance, and that the grantor would defend the title thereto-against the lawful claims of all persons. This action was brought on those covenants. The original petition set out the conveyance and covenants, alleged a breach of the covenants, and demanded judgment against the defendant 'for the sum of three hundred dollars, with interest and costs. An answer which denied liability, and contained a counterclaim which alleged
The only question we are required to determine is whether the plea of former adjudication is sustained. If it is, the judgment of the District Court is to be affirmed, and, if it is not, judgment is to be rendered in favor of the plaintiff for the amount of the - incum-