Crance v. Collenbaugh

This was an action by the appellee against the appellant as in covenant, upon a warranty deed, assert*257ing the existence of an adverse title to the undivided two-thirds of the land embraced in the deed, and an eviction by virtue thereof, to the damage of the plaintiff in the sum of one thousand dollars. The eviction was not by virtue of any judicial proceeding; but it is alleged that upon the assertion of the adverse title, the plaintiff was compelled and forced to surrender the said two-thirds of the land to the adverse claimant, and he thereby became evicted from the same.

The defendant…