Hutchinson v. Stiles
Superior Court of New Hampshire
Covenant broken. The plaintiff in his declaration alleged, that one Caleb Jones, on the 12th December, 1780, by deed conveyed to the plaintiff “ the Charlestown school farm,” in Amherst, in fee ; and by said deed covenanted with the plaintiff, that he, the said Caleb, and his heirs, would warrant the same to the plaintiff ; that said Caleb having in a part of said farm only an estate for his own life, the tee being in Deborah Jones, wife of the said Caleb, died ; where* Spon…
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Covenant broken. The plaintiff in his declaration alleged, that one Caleb Jones, on the 12th December, 1780, by deed conveyed to the plaintiff “ the Charlestown school farm,” in Amherst, in fee ; and by said deed covenanted with the plaintiff, that he, the said Caleb, and his heirs, would warrant the same to the plaintiff ; that said Caleb having in a part of said farm only an estate for his own life, the tee being in Deborah Jones, wife of the said Caleb, died ; where* Spon the said Deborah, on the 1st May, 1805, entered into that part of the farm, and conveyed the same to Zadock Jones, who…
1Opinion of the Court
Richardson, G, J.
delivered the opinion of the court.
It seems to have been well settled, at the common law, ⅛at debt or covenant might be maintained against an heir having assetts, when expressly bound by the deed of his ancestor. Willes 585, Dyke vs. Sweeling.—1 Chitt. Plead. 39.—Co. Litt. 209, a.—6 Mass. Rep. 151.—9 ditto 378.—2 Chitt. Plead. 161.—2 Sound. 7, note 4.—5 Went. Plead. 379.
And this principle is recognized by our statute of June 9, 1808, (1 N H. Laws 110,) which enacts, “ that the heirs, “ &c. of any person jointly bound, &c. by any bond, &c. may “ be charged by virtue of such…
2Cases cited1 opinion
- Jackson ex dem. Potan v. HoagNew York Supreme Court · 1810
3Cited by3 opinions
- Judge of Probate v. BrooksSuperior Court of New Hampshire · 1829
- Hodgdon v. WhiteSuperior Court of New Hampshire · 1840
- Morse v. DavisSuperior Court of New Hampshire · 1851