Loomis v. Bedel
Superior Court of New Hampshire
Covenant. The first count alleged that the defendant, by his deed of the 1.1th of July, 1835, conveyed to the plaintiffs twelve twenty-fifths of all that tract of land lying north of the forty-fifth degree of north latitude, on the head waters of Connecticut river, embracing lake Connecticut, lake Charles and the pond above, which was deeded to the defendant by the St. Francis Indians, and confirmed to him by the claimants under king Philip, by deed bearing date the eleventh…
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Covenant. The first count alleged that the defendant, by his deed of the 1.1th of July, 1835, conveyed to the plaintiffs twelve twenty-fifths of all that tract of land lying north of the forty-fifth degree of north latitude, on the head waters of Connecticut river, embracing lake Connecticut, lake Charles and the pond above, which was deeded to the defendant by the St. Francis Indians, and confirmed to him by the claimants under king Philip, by deed bearing date the eleventh of J-une, 1830, and bounded, &c., containing by estimation 300-000 acres, be the same more or less; reserving all lands…
1Opinion of the CourtParker, C. J.
The first objection to the maintenance of the action, upon which the defendant relies, is, that there is no sufficient evidence of an eviction or ouster of the plaintiffs from the lands described in the deed.
It seems to be generally settled, that in order to support an action upon a covenant of warranty, there must be something more than evidence of an outstanding paramount title. There must be an assertion of that title, and an ouster, or disturbance, by means of it. But no technical eviction by a judgment at law is necessary, nor is any resistance of the paramount title, legal or otherwise,…
2Cases cited1 opinion
- Pollard v. MelvinSuperior Court of New Hampshire · 1840
3Cited by12 opinions
- Van Hooijdonk v. LangleySupreme Court of New Hampshire · 1971
- Willson v. WillsonSuperior Court of New Hampshire · 1852
- Bell v. TwilightSuperior Court of New Hampshire · 1853
- Drew v. TowleSuperior Court of New Hampshire · 1853
- French v. ParishSuperior Court of New Hampshire · 1843
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