Bedell v. Christy

In Bedell v. Christy, 62 Kan. 760, 763, 64 P. 629 (1901), the Supreme Court, speaking under the assumption that covenants of warranty and quiet enjoyment are "mainly identical," held a breach does not occur without a disturbance of possession and eviction under an adverse title which existed at the time of the conveyance. The court stated: "An entry by an intruder, or by any one else, without lawful right and superior title is not a breach of the covenants, and in such case the remedy of the grantee is against the wrong-doers and not the covenantor." 62 Kan. at 763.