Legal Opinion

Park v. Bates

Supreme Court of Vermont

Decided February 15, 1840PublishedCited by 12 opinions

This was an action of covenant broken, in which the plaintiff declared in four counts, upon the. covenants in a deed, executed, by the defendant, to the plaintiff, on the 26th of January, 1829, of a lot of land in Stamford. The first count was upon the covenant of seizin ; the second and third were upon the covenant of warranty, and the fourth was upon the covenant that the land was free and clear from all incumbrances.

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This was an action of covenant broken, in which the plaintiff declared in four counts, upon the. covenants in a deed, executed, by the defendant, to the plaintiff, on the 26th of January, 1829, of a lot of land in Stamford. The first count was upon the covenant of seizin ; the second and third were upon the covenant of warranty, and the fourth was upon the covenant that the land was free and clear from all incumbrances. The defendant pleaded that he had kept and performed all and each of said covenants, &c., and issue was joined to the jury. Upon the trial in the county court, the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

— The defendant, upon the trial below, insisted that the rule of damages, upon a breach of the covenant of warranty, was the consideration in the deed and the interest, and no more. Whether the court gave the true rule of damages, in their charge to the jury, is the question now before us. The argument has taken a somewhat wider range and it has been contended that there has been no eviction so as to give a remedy on the covenant of warranty, and several cases have been referred to, where it has been said, there can be no recovery on…

2Cases cited1 opinion

  1. Hopkins v. LeeSupreme Court of the United States · 1821

3Cited by12 opinions

  1. Albright v. FishSupreme Court of Vermont · 1980
  2. Shattuck v. . LambNew York Court of Appeals · 1875
  3. Sheffey's Ex'or v. GardinerSupreme Court of Virginia · 1884
  4. Taylor v. HolterMontana Supreme Court · 1872
  5. Marbury v. ThorntonSupreme Court of Virginia · 1886

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