The Superior Court of New York City July 1, 1874 (Ludington v. Slauson)

Monell, Ch. J.

It is clear, I think, that the counter-claim set up in the answer, arises upon two different and perfectly inconsistent causes of action.

It is alleged, that prior to the execution and delivery of the deed, the plaintiff “ stated and represented” to the defendant Slauson, that the premises were free and clear of all incumbrances and other charges.