Baker v. Bradt
Massachusetts Supreme Judicial Court
Contract, for breach of the covenant of warranty in a deed of land in Lowell, made by the defendant to Willoughby Ford. Trial in the Superior Court without a jury, before Bishop, J., who ruled that the plaintiffs were not entitled to recover, and ordered judgment for the defendant; and the plaintiffs alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
This is an action of contract for breach of a covenant of warranty contained in a deed of land executed by *59the defendant to one Ford on July 14, 1893. The deed in the covenant against encumbrances excepted a mortgage of $1,600 to Garrett J. Bradt, but the covenant of warranty was absolute. There were in fact then outstanding two mortgages held by Garrett J. Bradt, as guardian for certain minors, one for $1,000, and the other for $600. Ford on the same day executed a mortgage of the land to the defendant to secure the payment of $711, payable on demand.
On September 20,1893, the three mortgages…
2Cases cited3 opinions
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Hutcheson v. BlakemanCourt of Appeals of Kentucky · 1860
- Cowles v. DickinsonMassachusetts Supreme Judicial Court · 1886