Kessinger v. Anderson

— Plaintiffs brought suit against defendants to recover damages for alleged breach of warranty against encumbrances. The action was founded upon the covenants of a statutory warranty deed in which defendants had conveyed certain real property to plaintiffs. Defendants in their answer denied the material allegations of the complaint and, by way of affirmative defense, alleged that, at all times prior to the consummation of the transaction between the parties, plaintiffs had full knowledge of the existence of the alleged encumbrance and were therefore estopped from asserting any claim based…