Collateral warranty

The term “collateral warranty” finds its roots in property law. In 1839 Francis Hilliard wrote: “A collateral warranty is where the heir neither does nor could derive his title to the land from the warrantor; and yet is both de-barred from claiming title and bound to recompense in case of eviction.”. The concept of collateral warranty was sometimes regarded as “[…] the most unjust, oppressive, and indefensible in the whole range of common law.” .