Spaulding v. . Hallenbeck
New York Court of Appeals
Action to recover the possession of real estate, consisting of a farm of fifty acres in the county of Schoharie. The action was commenced in the name of Ezra Spaulding, Senior, and he having died, was continued in the names of the appellants, his heirs.
Read the full summary
Action to recover the possession of real estate, consisting of a farm of fifty acres in the county of Schoharie. The action was commenced in the name of Ezra Spaulding, Senior, and he having died, was continued in the names of the appellants, his heirs. On the trial, which occurred after the death of the original plaintiff, the defendants admitted that Ezra Spaulding, Senior, owned in fee, and was in possession of, the farm in dispute^ on and prior to the 22d of March, 1866. The defendants proved a warranty deed of the farm, dated on that day, executed by Spaulding and wife to the defendant…
1Opinion of the CourtSmith, J.
The deed to Hallenbeck is founded on a sufficient consideration, to wit, the agreement of the grantees, therein expressed, to maintain and support the grantors. The deed contains not only a condition, but also an express covenant to that effect. The language is, “ Hallenbeck is to and agrees to keep, maintain,” &c. The grantee, having accepted the deed and taken possession under it, is hound, by the covenants therein contained, as effectually as if he had signed them. (9 Wend., 618; 1 Seld., 229.) In Jackson v. Florence, cited by the appellants’ counsel (16 Johns., 46), there was a bare naked…
2Cases cited2 opinions
- Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Bissell v. LeeNew York Supreme Court · 1819
3Cited by16 opinions
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Copeland v. CopelandIndiana Supreme Court · 1883
- Burbank v. RootsColorado Court of Appeals · 1894
- Hunter v. Van KeurenNew York Supreme Court · 1927
11 more not listed; retrieve them via the Exa API.