Allen v. Taylor

1. In an action on a warranty contained in a deed, it is not a good ground of demurrer that “it appears affirmatively in plaintiff’s said petition that the title to the property embraced in the deed from defendant to plaintiff’s grantor has been adjudicated adversely to plaintiff upon the ground and theory that it was conveyed by the wife of [a brother of defendant] to this defendant, and by defendant to plaintiff’s grantor, in payment of a debt due by said [brother of defendant] to plaintiff’s grantor, . . and was therefore void in law as against said wife,” the defendant claiming that by…