case Hacket against glover if a person sell good and warrant they to the  vendee against all person it may be assign as a breach of the covenant that  the vendor at the time of the sale have neither the possession nor the  property of they Writ of error out of the court of common plea upon a action  of covenant wherein the plaintiff declare that the defendant sell he good for  so much money and covenant to defend and warrant the good to the plaintiff  contra all men personas and assign for breach of the covenant that at the time  of the sale the defendant have neither the possession nor the property of the  good to this the defendant demurrer and judgement be give for the plaintiff a  writ of error be bring sir Peter king insist that this be do breach of the  covenant for the intention and design of the covenant be only to secure the  possession and therefore until a modern report er p eviction the covenant be  not break Lord coke a   light a a say that a eviction be of the very essence  of a warranty and though warrantia chart may be bring before eviction it be  only a charge upon the land b Fitzherbert n b b suppose a man have only a  equitable interest in good sell those good and covenant that he be the owner  of those good and will warrant and defend c shall the vendee in this case  bring a action of covenant before eviction and support it only by modern  report say that the property videlicet the legal title be in another at the  time of the sale c the case in more hob dyer roll Rep and sand be quote but  most of they only prove that a covenant for enjoyment against all interruption  extend only to legal interruption quod concession per curian send nothing ad  remember note to the former edition c Mr Lutwyche on the other side argue that  since it be confess by the demurrer that he who sell they have neither the  possession nor the property the buyer can not take possession of they without  expose himself to a action of trover the word discontinue in a lease import a  covenant in law and in such a action it have be enough to assign for breach  that the lessor have no title at the time of the lease without show a eviction  d   cro James Mod side d Parker chief justice the plaintiff can use the good  without be liable to a action which be a damage if the case have be that the  defendant have have the equitable right but another the legal one it have be  proper for you to have lie it before the court by plead it Eyre justice a  warranty in the nature of it import as well warranty of the property as  possession e see warren v Tallard roll e the case upon the word discontinue be  a strong case for that be a covenant in law and if not necessary there to set  forth eviction a strong not here judgement be affirm f see Severn v clarke  Leon Northcote v Underhill salk f