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· 1/15/1878

Scott v. Kirkendall

Citations

  • 88 Ill. 465

Syllabus

<p>Covenant of warranty—only broken by eviction, or something equivalent thereto. The covenant of warranty is regarded as, in effect, a covenant for quiet enjoyment, and can only he broken by something equivalent to an eviction or disturbance of the possession of the grantee. The mere existence of a paramount title in another is not, of itself, sufficient to constitute a breach of the covenant of warranty.</p>

Judges: Sheldon

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