Norton v. Jackson

Citations

• 5 Cal. 262
• 1855 Cal. LEXIS 103

Syllabus

<p>Where land is sold with covenant of warranty, accompanied with a delivery ol possession, for which the purchaser gives a note for the purchase money, the promise to pay, and. the warranty arc independent covenants, and the enforcement of the one is not dependent upon the performance of the other.</p> <p>Where there is a covenant of warranty the payment of the purchase money cannot be resisted as long as the grantee remains in possession.</p> <p>Nor under the same circumstance can the purchase money be reduced.</p> <p>Eviction by process of law is requisite to enable an action to be maintained on the covenant.</p> <p>Equity can relieve by granting a recision of the contract, upon the allegation of the insolvency of the grantor, and his inability to respond in damages to an action upon the covenant, a permanent outstanding title in another, and an otter So re-deliver possession, and account for the rents and profits.</p>