Watkins v. Gregory
Mississippi Supreme Court
Watkins v. Gregory, 69 Miss. 469 (Miss. 1891)
Campbell
Watkins v. Gregory
Opinion of the Court
delivered the opinion of the court.
While, as between the two holders of title to the land, their mixed possession would cause the possession to be adjudged as that of the holder of the better title, the breach of the covenant of warranty did not occur until 1888, when, for the first-time, there "was an interruption of the enjoyment of the possession of the covenantee, and his right of action then accrued.
Affirmed.
Reference
- Full Case Name
- W. W. Watkins v. D. S. Gregory
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Covenant or . Warranty. Mixed possession. When breach occurs. Where a vendee of uncultivated land, under a general warranty of title, acquires and enjoys a mixed possession thereof, along with the holder of a paramount title, his right of action on his covenant of warranty does not accrue until there is an interruption of his enjoyment of such possession.