Chapel v. Bull
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought upon a deed dated May 24th, 1815, whereby, for the consideration of 2000 dollars, the defendant conveyed to the plaintiff in fee, with warranty, 684 acres of land in the Connecticut Western Reserve, in the state of Ohio, being a tenancy in common with Joshua Stowe and others in the 4000 acres reservation in the Salt Spring Township, in the county of Trumbull.
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This was an action of covenant broken, brought upon a deed dated May 24th, 1815, whereby, for the consideration of 2000 dollars, the defendant conveyed to the plaintiff in fee, with warranty, 684 acres of land in the Connecticut Western Reserve, in the state of Ohio, being a tenancy in common with Joshua Stowe and others in the 4000 acres reservation in the Salt Spring Township, in the county of Trumbull. The first count in the declaration alleges a breach, as follows, viz., that the whole of the said 4000 acres, including the premises conveyed, were then upon a petition for partition of said…
1Opinion of the CourtParker, C. J.
Upon the facts in this case, the judge instructed the jury, that an encumbrance was sufficiently proved, within the meaning of the covenant that the land was free of all encumbrances; and the verdict of the jury was conformable to this instruction. It was objected at the trial, that no legal encumbrance was proved: and that question was reserved for the consideration of the whole Court.
The counsel for the defendant has rightly insisted, that there is no breach of the covenant of seisin; for notwithstanding all the facts in the case, the legal seisin of the grantor, as tenant in common,…
2Cases cited7 opinions
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3Cited by13 opinions
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