Beecher v. Tinnin

Citations

• 26 N.M. 59
• 189 P. 44

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where the title to land attempted to be conveyed is in the public, there is such a hostile possession as amounts to an eviction the instant the deed is made. P.- 62</p> <p>2. The covenant of seisin is personal, and does not run with the land. If broken at all, it is broken when made, and a cause of action thereupon instantly arises in favor of the convenantee, which does not pass to his grantee merely by virtue of the deed of conveyance. P. 63</p> <p>3. The covenant of warranty runs with the land, and inures to the benefit of subsequent grantees, so long as no breach thereof has occurred. The instant a breach of covenant has occurred, a chose in action arises in favor of the evicted person, or the one claiming the right and title to the land, and who is .in privity with covenantor, and this chose in action is not transferred or assigned 'simply by virtue of a deed of conveyance. . P. 63</p> <p>4. The covenant against incumbrance is a covenant as to thing's existing at the time it is made. If broken at all, it is broken the moment it is made, and the cause of action then exists, which does not pass by force of any conveyance purporting to grant the premises. P. 65</p>