Marler v. Barr

WIGGINTON, Judge.

Third-party defendants, Sylvan T. Mar-ler and wife, Shirley Marler, have appealed a judgment rendered in a non jury case which awarded damages to third-party plaintiff, Virginia Searcy Barr, for a breach of warranty in a deed to real estate given by appellants to appellee. The breach of warranty consisted of a recorded easment given by appellants to a vendee of adjacent land for a right-of-way across the back end of the property conveyed by appellants to appellee.

It is appellants’ position that the easement previously granted by them across the property sold to appellee was…