State Mutual Insurance v. McJenkin Insurance & Realty Co.

(After stating the foregoing facts.) The general demurrer is based on the proposition that, in an action upon a breach of general warranty, an eviction or its equivalent must be shown before a recovery can be had. Brooks v. Winkles, 139 Ga. 732 (78 S. E. 129); Darley v. Mallary Bros. Machine Co. 136 Ga. 345 (71 S. E. 471); Joyner v. Smith, 132 Ga. 779 (65 S. E. 68). However, a general warranty of title includes the warranty of freedom from incumbrances, and it is not necessary to show actual eviction; constructive eviction exists where a paramount lien upon the land is extinguished in the…