Kinney v. Watts
New York Supreme Court
This was an action of covenant, tried at the New-York circuit in September, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff was the lessee of a water lot and mill privileges on the Passaic river, in New-Jersey, demised to him by the defendant, for the term of ten years from the first day of October, 1831, at an annual rent of $60, payable quarterly. The demise was of all that dock, lot of ground, dam and water privilege, situate,
1Opinion of the Court
By the Court,
Sutherland, J.
It is contended, in arrest of judgment, that the doctrine of implied covenants is entirely abrogated by the revised statutes. The 140th section of the article entitled “of alienation by deed,” 1 R. S. 738, is as follows : “ No covenant shall be implied in any conveyance of real estate, whether such conveyance contain special covenants or not.” This language is clear, precise and perempto*40ry. No covenant whatever shall be implied, in any conveyance of real estate. There is no room for construction. If the conveyance is of real estate, and Contains no express covenant…
2Cases cited4 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Baldwin v. MunnNew York Supreme Court · 1829
- Bender v. FrombergerSupreme Court of the United States · 1806
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- Tuohy's EstateMontana Supreme Court · 1899
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Peters v. McKeonNew York Supreme Court · 1847
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