Lange v. Andrus

In our opinion the “affirmative defense” in Kinateder’s answer to the cross complaint fails to state facts constituting a defense to the claim for breach of warranty, and therefore the demurrer must be sustained.

1. The metes-and-bounds description in the deed appears to have included the three-acre tract without ambiguity, and no claim is made to the contrary. Since the warranty of title, imported into the deed by force of sec. 235.0.6 (2), Stats., extends to all the described land, the grantors cannot escape the consequences of their warranty with respect to the three-acre strip unless they…