Eviction
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 15 U.S. 45 - Duvall v. Craig · 1817Most cited · 65 citing opinions
equivalent to, for breach of covenant against incumbrances
If the grantee be unable to obtain possession in consequence of an existing possession or seisin by a person claiming and holding under an elder title, this would certainly be equivalent to an eviction and a breach of the covenant.
How often courts cite the cases defining “Eviction”
Court decisions citing the 2 opinions that defined “Eviction” — 74 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1817–1859
It is not necessary, to constitute an eviction, that the purchaser of land should be actually dispossessed. ... an eviction may take place when the vendee continues to hold the property under a different title from that transferred to him by his vendor.