Fraudulent representations as to incumbrances 1 are not merged in a subsequent deed containing no covenants of warranty. Fraudulent representations as to title are not merged in a subsequent executory contract of sale under seal, which provides for a warranty deed.2 Fraudulent representations as to the solvency of the makers of a note by the payee who thereby induces another to accept such note in payment for realty, are not merged in an indorsement by him without recourse.3