Schneider v. Lipscomb County National Farm Loan Ass'n

The majority opinion announces the general rule that constructive eviction which will serve as the basis of a suit for breach of a covenant of general warranty has two elements, *80(1) a positive assertion of a paramount title and (2) a yielding to that assertion. That is the generally accepted rule. The problem here is the application of that rule in cases in which the land is public land possessed by the State for the purpose of sale. In support of the general rule announced, the majority cite Rancho Bonito Land, etc., Co. v. North, 92 Texas 72, 45 S. W. 994; Jones’ Heirs v. Paul’s Heirs, 59…