Brown v. Lober

I respectfully dissent.

“To sustain the present action [for breach of the covenant of warranty or quiet involvement] would be to confound all distinction between the covenant of warranty and that of seizin, or of right to convey. They are not equivalent covenants. An action will lie upon the latter, though there be no disturbance of possession. A defect of title will suffice. Not so with the covenant of warranty, or for quiet enjoyment, as had always been held by the prevailing authority.” Scott v. Kirkendall (1878), 88 Ill. 465, 469.

It has long been settled that covenants of seizin and good…