Eaton v. Clarke

The plaintiff’s claim is that he has been put to expense by a breach of warranty of title to land conveyed to him by the defendant’s ancestor. Various objections to a recovery are urged, but it is not necessary to consider all of them. The warranty was against lawful claims only. Expenses incurred in defending against an unfounded claim cannot be recovered from those bound by the warranty. The fact that there is an apparent cloud upon the title .is not enough. Its validity must be shown to establish a liability of the warrantor. Winnipiseogee Paper Co. v. Marsh, 64 N. H. 581. In the present…