Wilder v. Wilhite

The opinion of the court was delivered by

Schroeder, J.:

This is an action to recover damages for breach of a covenant of warranty arising out of the conveyance of real estate in Taney County, Missouri, by warranty deed. The trial court overruled a demurrer to the second amended petition and appeal has been duly perfected from this order.

The primary question presented is whether the second amended petition alleges a breach of the warranty contained in the deed to defend the title against the lawful claims and demands of others.

The second amended petition, filed July 6, 1961, alleges in…