Lindner v. Leipold

Cummins, J.,

The cause of action averred in plaintiff’s statement is an alleged breach of the general warranty contained in a deed. The case comes before the court upon statutory demurrer, it being claimed by defendant that the statement filed sets out no sufficient cause of action. Plaintiff’s statement alleges that her husband purchased from defendant two certain lots of ground, for which he received from defendant his general warranty deed; that she, as the devisee of her husband, is now the owner of same in fee (the fee being a base fee, which fact, for the purpose of this case, is…