Smith v. Gaines

So far as the right of action is concerned, it is never neeessai’y for the plaintiff to have notified his warrantor of the breach of any of his covenants of warranty in a deed conveying real estate before bringing his suit for damages.

Such a notice to the warrantor, with a demand that he appear and defend a pending suit, is necessary if the warrantee would make an adverse judgment against himself in that suit conclusive evidence against his warrantor of the existence and superiority of the hostile title or incumbrance therein asserted, and necessary, also, if the plaintiff would recover of…