Sheffey's Ex'or v. Gardiner

Citations

• 79 Va. 313
• 1884 Va. LEXIS 86

Syllabus

<p>1. Vendor and Vendee—Warranty of Title—Entry or Eviction.—When premises are in actual possession of third party, under paramount title at date of conveyance, it is unnecessary either to aver or to prove actual entry or eviction in action for breach of warranty of title to land.</p> <p>2. Idem—Estoppel.—Because deed recites that “immediate possession is delivered,” and declaration avers no eviction, covenantee is not thereby estopped to deny that he got possession.</p> <p>3. Idem—Breach—Measure of Damages.—The rule as to the measure of damages to which vendee is entitled upon a breach of warranty of title, is the amount of purchase money paid by him, with interest from date of eviction. Threlkeld v. Fitzhugh, 2 Leigh, 451, approved by Click v. Green & Sadler, 77 Va. 827.</p>