It is well settled in this State that the vendee oí land by conveyance containing a covenant " * "°np’'ol warranty has no recourse against the vendo^ has been an eviction by paramount title; ana^' sary to allege and prove in an action for thp such a covenant, that the plaintiff has been \ paramount title or one having the lawful tip the vendee has given notice to the vendor of the 'p .xxdency of the action to evict him and called upon him to defend according to the terms of the warranty, in the- event of which notice, the averment thereof together with the averment of eviction is sufficient without charging eviction by paramount title. Jones v. Jones, 87 Ky., 82, 7 S. W., 886, 9 R., 942; Booker’s Admr. v. Bell’s Exr., 3 Bibb, 173, 6 Am. Dec., 641; Cox v. Strode, 4 Bibb, 4; Gaither v. Brooks, 1 A. K. M., 409; Davenport v. Muir, 3 J. J. M., 210, 20 Am. Dec., 143; Woodward v. Allan, 3 Dana, 164; Elliott v. Sauffley, 89 Ky., 52, 11 S. W., 200, 10 R., 958; Graham v. Dwyer, 29 S. W., 346; Burbank’s Admr. v. Burbank, 8 Ky. Opin., 113; Arnold v. Maiden, 10 Ky. Opin., 288; Huff v. Cumberland Valley Land Company, 30 S. W., 660, 17 R., 213; Grant v. McArthur’s Exr., 153 Ky., 356, 155 S. W., 732.