Chandler v. Brown
Supreme Court of New Hampshire
Covenant broken. Facts found by a referee. March 21, 1842, George J. Eastman conveyed a tract of land to the defendant, in which his wife, Judith Eastman, did not release her right of dower.
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Covenant broken. Facts found by a referee. March 21, 1842, George J. Eastman conveyed a tract of land to the defendant, in which his wife, Judith Eastman, did not release her right of dower. Eastman died in 1872. January 1, 1851, the defendant conveyed the land to Simpson and Haines, with full covenants of warranty, for the consideration of $500. February 28, 1851, Simpson and Haines conveyed to Johnson, and March 18, 1853, Johnson, for the consideration of $75, conveyed a part of the land to the plaintiff, in the ordinary form, and with the ordinary covenants of a quitclaim deed. It did not…
1Opinion of the CourtClark, J.
The covenant of general warranty in a deed is a covenant that runs with the estate in reference to which it is made, and may be availed of by suit in his own name, by any one to whom the same shall come by deed, even after several successive conveyances, or a descent or devise. 2 Wasbb. Real Prop. 662; Crooker v. Jewell, 29 Me. 527; Moore v. Merrill, 17 N. H. 75; Russ v. Perry, 49 N. H. 547. The plaintiff, being tbe owner of tbe premises, and in possession wben tbe covenant of warranty was broken by tbe enforcement of tbe claim for dower by Mrs. Eastman, is the proper person to maintain tbis…
2Cases cited7 opinions
- Hutcheson v. BlakemanCourt of Appeals of Kentucky · 1860
- Brady v. SpurckIllinois Supreme Court · 1861
- Wead v. LarkinIllinois Supreme Court · 1870
- Donnell v. ThompsonSupreme Judicial Court of Maine · 1833
- Allen v. LittleSupreme Judicial Court of Maine · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881