Mathews v. Sylvester

Citations

• 24 Ohio C.C. Dec. 1

Syllabus

<p>COVENANTS — DEEDS—STARE DECISIS.</p> <p>1. Damages for Breach of Covenant of Warranty Cannot be Recovered Without Showing Eviction or Disturbance of Title Equivalent Thereto.</p> <p>An action for damages for breach of covenants of warranty contained in deeds under which one claims title to land cannot be mainrained against the predecessors in title of the immediate grantor, unless the plaintiff shows actual eviction or paramount title so asserted that he must yield to it, or go out.</p> <p>2. Rules of Property Should be Changed by the Legislature Rather Than the Courts.</p> <p>Rules of property which through many decisions have become fixed and known cannot be changed by the courts without impairing rights acquired under them. When new conditions require a modification of such rules of property, the legislature can make new rules which will have no retroactive effect.</p> <p>[Syllabus by the court.]</p>