eviction by paramount title – eviction by judicially establishing title superior to that under which the possessor claims, by evidence of one’s deed

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eviction by paramount title:

1. An eviction by judicially establishing title superior to that under which the possessor claims. — aka eviction by title paramount. [1]

1. The eviction of a tenant by one whose title is superior to that of the landlord. 32 Am J1st L & T § 245.

A breach of a title covenant of quiet enjoyment. 20 Am 12d Cov § 101; a breach of a title covenant of warranty. 20 Am J 2d Cov § 54.

Within the meaning of a covenant in a deed against eviction by “paramount right,” the term includes any right which commencing before the deed is not passed by it, but exists independently of it, and can be asserted with the effect of rightfully evicting the tenant under the deed. Davis v Logan’s Heirs. 44 Ky (5 B Mon) 341, 342. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931


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