Angel v. Brown

This is a motion for an appeal from a judgment reforming a deed executed and delivered by appellees to appellant, Mary W. Angel, and dismissing appellants’ complaint for damages for breach of a general warranty covenant. The amount of damages sought was $2208.72. This litigation resulted because appellants were denied by court judg-ment the use of a passway over one Rowlette’s land which was provided for in their deed from appellees.

Appellants first contend the lower court erred in overruling their motion to dismiss appellees’ answer and counterclaim. They claim, relying upon CR 9.02,…