Massachusetts Supreme Judicial Court February 27, 1897 (Baker v. Bradt)

Lathrop, J.

This is an action of contract for breach of a covenant of warranty contained in a deed of land executed by *59the defendant to one Ford on July 14, 1893. The deed in the covenant against encumbrances excepted a mortgage of $1,600 to Garrett J. Bradt, but the covenant of warranty was absolute. There were in fact then outstanding two mortgages held by Garrett J.