Weeks v. Grace
Massachusetts Supreme Judicial Court
Contract for an alleged breach of warranty in a deed given by the defendant to the plaintiffs as trustees, dated October 30, 1897, conveying certain land on Ashford Street in that part of Boston called Brighton.
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Contract for an alleged breach of warranty in a deed given by the defendant to the plaintiffs as trustees, dated October 30, 1897, conveying certain land on Ashford Street in that part of Boston called Brighton. Writ dated November 15, 1900. At the trial in the Superior Court before Bell, J. it appeared that the deed contained the following covenants: “ And I the said grantor for myself and my heirs, executors and administrators, do covenant with the said grantees and their heirs and assigns that the above described premises are free from all incumbrances made by me except as aforesaid, and…
1Opinion of the CourtBraley, J.
The restricted covenants against incumbrances and of warranty contained in the defendant’s deed under which the plaintiffs derived their'title are independent, and a breach of either would give a distinct cause of action. The building and maintaining of a public sewer through a part of the granted premises did not constitute a breach of the first covenant, as the action of the public authorities was neither caused nor permitted by the grantor. Estabrook v. Smith, 6 Gray, 572, 577. West v. Spaulding, 11 Met. 556. Cole v. Lee, 30 Maine, 392, 397. But the covenant of warranty was broken by the…
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