McGary v. Hastings

Citations

• 39 Cal. 360

Syllabus

<p>Covenant of Warranty for Quiet Enjoyment.—Eviction.—Without an eviction there is no breach of the covenant; but it is not necessary that the eviction should be by process of law, consequent on a judgment.</p> <p>Idem.—When Broken.—The covenant is broken whenever there has been an involuntary loss of possession by reason of the hostile assertion of an irresistable paramount title.</p> <p>Idem.—An actual dispossession of the grantee is not required to constitute such an eviction as will amount to a breach of the covenant.</p> <p>Idem.—Statute of Limitations.—Thecauseof action accrues at the time of an eviction, actual or constructive.</p> <p>Idem.—Rule of Damages.—The rule of damages, where there has been an actual loss of the premises, is the purchase money and interest. Where the plaintiff has purchased the paramount title, it is tho sum actually and in good faith paid for the paramount title and the amount expended in defending his possession; provided such damages shall in no case exceed the purchase money and interest.</p> <p>Mexican Land Claim.—Rejection—Effect of.—The final rejection of a Mexican land claim under the provisions of the Act of Congress of the 3d of March, 1851, operates, proprio vigore, to restore the land to the mass of the public domain.</p>