Kinney v. Millsap

HUTCHESON, Circuit Judge.

The action is for breach of covenants of warranty and against incumbrances in a deed Kinney made to plaintiff. The claim is that Poliak’s successful assertion that Kinney’s apparent title was only for the purposes of security, and that he held it subject to Poliak’s right to redeem, had broken them. The defenses are that there has been no real eviction, and therefore no breach of the warranty covenant, and only a nominal breach of that against incumbrances. Specifically, it is claimed that Millsap brought about his own eviction, was himself the cause of any damage…