Marbury v. Thornton

Citations

• 82 Va. 702
• 1 S.E. 909
• 1886 Va. LEXIS 91

Syllabus

<p>1. Land— Warranty of title—Breach.—-Covenants of warranty of title run with the land for the protection of the owner in whose time the breach occurs. But to constitute such breach plaintiff must be evicted, or prevented from taking possession by another in possession under paramount title.</p> <p>2. Idem—Declaration—Demurrer—Case at bar.—Declaration not averring that the plaintiff was evicted, or kept out of possession by one in possession under paramount title, is bad on demurrer. Declaration in. case at bar contains no sufficient averment to that effect.</p> <p>•3. Idem—Incumbrances—Broken covenants pass not.—Covenant of warranty can never be treated as a covenant against incumbrances, else it would be broken as soon as made, if the incumbrance preexisted the-deed, and would become a mere right of action not assignable at law, and could not pass to the grantee of the land. Dickinson v. Hoomes, 8 Gratt., p. 395.</p>