See also OCGA § 44-5-62 ("A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances."); Whited v. Issenberg, 261 Ga.App. 787, 788, 584 S.E.2d 59 (2003) ; White & Corbitt v. Stewart & Co., 131 Ga. 460, 461, 62 S.E. 590 (1907). (Punctuation omitted.)
ile he is taking any position that is inconsistent with the position that the landlord's title is defective."); Partain v. King, 206 Ga. 530 (2) ( 57 SE2d 617) (1950) ("The tenant is not allowed to dispute his landlord's title without first surrendering possession."); Bowles v. White, 206 Ga. 433, 439-440 (1) (e) ( 57 SE2d 547) (1950) (because a "proceeding brought by a tenant against the administrator of his landlord's estate for the specific performance of a contract of the intestate to devise lands [did] not involve a dispute of the landlord's title, but necessarily amount[ed] to an admission by the tenant that his landlord had title," the tenant could bring suit without first surrendering possession of the premises); McMurray v. Housworth, 282 Ga. App. 280, 285-286 (2) ( 638 SE2d 421) (2006) (although purchasers were not evicted by anyone with paramount title to property they purchased, they could recover from the sellers for a breach of the warranty of freedom from encumbrances); Whited v. Issenberg, 261 Ga. App. 787, 788 ( 584 SE2d 59) (2003) (purchaser of land could not recover from sellers for breach of the covenant for quiet enjoyment, where the evidence failed to show that the purchaser had been compelled to yield to an outstanding paramount title). Judgment affirmed.
OCGA § 44-5-62.Whited v. Issenberg, 261 Ga. App. 787, 788 ( 584 SE2d 59) (2003). 86 Ga. App. 442, 443 (1) ( 71 SE2d 670) (1952), disapproved on other grounds, Teems v. City of Forest Park, 137 Ga. App. 733, 734 (1) ( 225 SE2d 87) (1976).