Parsons

This is a writ of error to review a judgment in favor of the plaintiff in an action to recover damages for breach of warranty. The case has been brought here on the judgment roll without a bill of5 exceptions, and the sufficiency of the complaint to support the judgment is the only question presented for our consideration. The sufficiency of the complaint was not challenged by demurrer or otherwise in the court below, and under such circumstances the complaint is aided by certain presumptions, the nature and scope of which we need not consider, in view of the fact that the plaintiff claims no right of action against the defendants other than that specifically *339 set forth in his complaint. See, however, U. S. Fidelity & Guaranty Co. v. Whittaker (C. C. A.) 8 F.(2d) 455 . For convenience, we will refer to the parties as designated in the court helow.

Briefly stated, the complaint alleged that the defendants by bargain and sale deed granted to the plaintiff a certain described tract of land, together with a right of way over an adjoining tract as a means of ingress and egress to and from the granted premises; that by the terms of the deed the defendants warranted that they had…