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Bouvier's Law Dictionary, Revised 6th Edition (1856)

EVICTION. The loss or deprivation which the possessor of a thing suffers,
either in whole or in part, of his right of property in such a thing, in
consequence of the right of a third person established before a competent
tribunal. 10 Rep. 128; 4 Kent, Com. 475-7; 3 Id. 464-5.
2. The eviction may be total or partial. It is total, when the
possessor is wholly deprived of his rights in the whole thing; partial, when
he is deprived of only a portion of the thing; as, if he had fifty acres of
land, and a third person recovers by a better title twenty-five; or, of some
right in relation to the thing. as, if a stranger should claim and establish
a right to some easement over the same. When the grantee suffers a total
eviction, and he has a covenant of seisin, he recovers from the seller, the
consideration money, with interest and costs, and no more. The grantor has
no concern with the future rise or fall of the property, nor with the
improvements made by the purchaser. This seems to be the general rule in the
United States. 3 Caines' R. 111; 4 John. R. 1; 13 Johns. R. 50; 4 Dall. R.
441; Cooke's Term. R. 447; 1 Harr. & Munf. 202; 5 Munf. R. 415; 4 Halst. R.
139; 2 Bibb, R. 272. In Massachusetts, the measure of damages on a covenant
of warranty, is the value of the land at the time of eviction. 3 Mass. R.
523; 4 Mass. R. 108. See, as to other states, 1 Bay, R. 19, 265; 3 Des. Eq.
R. 245; 2 Const. R. 584; 2 McCord's R. 413; 3 Call's R. 326.
3. When the eviction is only partial the damages to be recovered under
the covenant of seisin, are a rateable part of the original price, and they
are to bear the same ratio to the whole consideration, that the value of
land to which the title has failed, bears to the value of the whole tract.
The contract is not rescinded, so as to entitle the vendee to the whole
consideration money, but only to the amount of the relative value of the
part lost. 5 Johns. R. 49; 12 Johns. R. 126; Civ. Code of Lo. 2490; 4 Kent's
Com. 462. Vide 6 Bac. Ab. 44; 1 Saund. R. 204: note 2, and 322 a, note 2; 1
Bouv. Inst. n. 656.