Clark v. Winchell
Supreme Court of Vermont
This case was heard at the September Term, 1879, on general demurrer. Dunton, J., presiding, overruled the demurrer, and adjudged the declaration sufficient. Action for covenant broken. plaintiff’s declaration.
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This case was heard at the September Term, 1879, on general demurrer. Dunton, J., presiding, overruled the demurrer, and adjudged the declaration sufficient. Action for covenant broken. plaintiff’s declaration. In a plea of covenant broken, whereupon the plaintiff declares and says that on the 29th day of November, A. D. 1854, James Winchell of said Poultney, then being in full life, and Mary Winchell, the defendant, then the wife of the said James Winchell, by their deed of that date, duly executed, acknowledged and recorded, in consideration of 11650, bargained, sold and conveyed to Nelson…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The covenant declared upon is contained in a deed executed by the defendant and her husband, James Winchell, on the 29th day of November, 1854, by which they covenanted and agreed for themselves, their heirs, executors, and administrators, with Nelson Ransom, the grantee, therein named, his heirs and assigns that they would warrant and defend the land described in said deed to the said Ransom, his heirs and assigns, against all lawful claims whatsoever. The plaintiff has acquired by regular conveyances all the title and interest which was…
2Cases cited8 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Kellogg v. RobinsonSupreme Court of Vermont · 1834
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Russ v. SteeleSupreme Court of Vermont · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kellogg v. German-American InsuranceMissouri Court of Appeals · 1908
- O'Connor v. Estate of LapeSupreme Court of Vermont · 1939
- McKillop v. Burton's Admr.Supreme Court of Vermont · 1909
- Bowler v. EmerySupreme Court of Rhode Island · 1908