Roosevelt v. Heirs of Fulton
New York Supreme Court
Covenant ; tried at the New-York circuit, April 10th, 1826, before Walworth, C. Judge. *The 1st count of the declaration was on articles of agreement, dated September 16th, 1813, by which the plaintiff covenanted that he would cause to be conveyed to the defendants’ ancestor, his heirs, &c., by letters patent from the United States, certain lands in Indiana.
Read the full summary
Covenant ; tried at the New-York circuit, April 10th, 1826, before Walworth, C. Judge. *The 1st count of the declaration was on articles of agreement, dated September 16th, 1813, by which the plaintiff covenanted that he would cause to be conveyed to the defendants’ ancestor, his heirs, &c., by letters patent from the United States, certain lands in Indiana. And the defendants’ ancestor covenanted to pay the plaintiff, when the former should receive the letters patent, a certain gross sum of money, and an annuity of $1000 for 20 years. The declaration averred that the plaintiff caused the…
1Opinion of the Court
Curia, per Woodworth, J.
The defendants excepted to the decision of the judge, excluding the chancellor’s decree and injunction as evidence. On the argument, this exception seems to have been waived. I shall, therefore, not notice it; but proceed to consider the remaining questions.
It is contended that the plaintiff was bound to prove the averment in his declaration, that letters patent for the lands mentioned in the covenant, had been delivered to, and accepted by Fulton. He covenanted to pay, when he should receive the patent. The pleas are non infregit conveniionem ; and nothing by descent.…
2Cases cited7 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Runyan v. MersereauNew York Supreme Court · 1814
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Sayre v. TownsendsNew York Supreme Court · 1836
- Fidler v. DelavanNew York Supreme Court · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Goad v. MontgomeryCalifornia Supreme Court · 1898
- Riley v. MallorySupreme Court of Connecticut · 1866
- Drouin v. WilsonSupreme Court of Vermont · 1907
- Monroe v. BeckerIllinois Supreme Court · 1918
- Davany v. KoonMississippi Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.