Barrett v. Porter

14 Mass. 143 | Mass. | 1817

The Court

observed that here was an actual eviction under a paramount title, and as this had been ruled, in the * case last cited, to be a breach of the covenant against encumbrances, the proper measure of damages would be the sum at which the land was appraised, with interest thereon from the time of the eviction ; and judgment was entered accordingly upon the default of the defendant.