Watts v. Welman
Superior Court of New Hampshire
Where A. conveyed to B. a tract of land in fee and in mortgage, and afterward» in consideration that O agreed to pay and discharge the same mortgage, conveyed to C. a parcel of the same land, with a covenant that the parcel so conveyed was free of all incumbrances ; it was held, that as between A. and C. the mortgage was not to be considered as an incumbrance within the meaning of the covenant. This was an action of covenant broken.
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Where A. conveyed to B. a tract of land in fee and in mortgage, and afterward» in consideration that O agreed to pay and discharge the same mortgage, conveyed to C. a parcel of the same land, with a covenant that the parcel so conveyed was free of all incumbrances ; it was held, that as between A. and C. the mortgage was not to be considered as an incumbrance within the meaning of the covenant. This was an action of covenant broken. The plaintiff alleged in his declaration, that the defendant, by deed dated the 22d April, 1812, in consideration of $520, conveyed to the plaintiff fifty acres…
1Opinion of the CourtRichardson, C. J.
The plaintiff alleges, that the defendant conveyed to him a tract of land, and covenanted with him that it was free of all incumbrances ; and he assigns as breach of the covenant, that the land was under a mortgage to one S. Jones. The defendant admits that he made the covenant, and that the land was under a mortgage to Jones ; but he says that the plaintiff ought not to maintain this action, because the land, which lie the defendant conveyed to the plaintiff, was conveyed in consideration of an agreement on the part of the plaintiff to pay or cause to be paid the money due on the said…
2Cited by4 opinions
- Brown v. StaplesSupreme Judicial Court of Maine · 1848
- Haynes v. StevensSuperior Court of New Hampshire · 1840
- Merrimack County Bank v. BrownSuperior Court of New Hampshire · 1841
- Warren v. CochranSuperior Court of New Hampshire · 1854