Hagen v. Lehmann

The question upon this appeal is whether the court properly struck defendants’ affidavit of merits as not presenting a legal defense to the statement of claim. Defendants having stood by their pleading, judgment was rendered for plaintiff in the sum of $3,651, the amount claimed.

The statement of claim is based upon covenants of warranty in a deed from defendants to plaintiff against incumbrances, except as therein stated, the only pertinent exception being that the conveyance is made subject to “unpaid instalments of special assessments which fall due after this date, levied for improvements…