In some jurisdictions a distinction is made in the matter of eviction, actual eviction being distinguished from constructive eviction. The latter is said to exist when at the time of the conveyance the premises were in possession of an adverse claimant under a paramount title to that conveyed; or where the vendee goes into possession but is forced by the hostile and impending assertion of a paramount right to purchase peace in order to retain possession; and in those States the rule is that the vendee, before he may have recourse on the covenant of general warranty, need not put himself to the expense of litigation, but may surrender to the true owner when the superior title is asserted, although he does so at his peril;-and in an action for breach of the covenant of general warranty he has the burden of proving that the adverse title to which he surrendered was valid and paramount to his own. But the doctrine of constructive eviction has never obtained in Kentucky. In this State nothing less than a judgment has ever been held to constitute eviction affording siifficient basis for an action to recover damages for a breach of a covenant of general warranty.