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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Woodward v. Allan, 33 Ky. 164 (1835)

Citation
Woodward v. Allan, 33 Ky. 164 (1835)
Parent Document
Woodward v. Allan, 33 Ky. 164 (1835)
Jurisdiction
Kentucky (state)
Effective Date
1835-06-05

Full Text

1,079 chars
Wammtororco. eluded by notice of the suit by which the land was lost.
The decision belowr’r77 a ^ dence,erroneous, enter^jhí'ment forthe other party"
' A general warranty of title is a covenant against a lawful, not a wrongful, eviction. And an averment of any facts that will show that there had been such an eviction, will be sufficient in a declaration on the covenant. In the cases just cited, it was decided that, though an averment simply that there had been a lawful,sviction would be insufficient, yet it might be good if coupled with the additional averment that the title of the evictor was older than that of the plaintiff; because the latter averment would not allow the presumption, that the title had been'acquired from the plaintiff himself, and would show that it was adverse. If such an averment would show a breach. of the covenant, a fortiori, it would be sufficient to aver that the judgment of eviction was rendered on a title superior and adverse to that of the cove, nantor, and such is the averment in this case. The declaration is therefore clearly good.