Kent v. Welch
New York Supreme Court
THIS was an action of covenant. The dec1aratiot~ stated that by a deed dated the 3d of March 1784 and executed by the defendant, he, in consideration of 50/. did give, grant, bargain and sell to the plaintiff, in fee, a tract of land in Vermont, and engaged to warrant and defend the same against all claims or demands of any person claiming under him, or any person whatsoever; and the plaintiff averred that the defendant, at the time, was not seised in fee, and that he has…
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THIS was an action of covenant. The dec1aratiot~ stated that by a deed dated the 3d of March 1784 and executed by the defendant, he, in consideration of 50/. did give, grant, bargain and sell to the plaintiff, in fee, a tract of land in Vermont, and engaged to warrant and defend the same against all claims or demands of any person claiming under him, or any person whatsoever; and the plaintiff averred that the defendant, at the time, was not seised in fee, and that he has not warranted and defended the land as aforesaid, and that the defendant, at the time, had not any estate in the land, and…
1Per curiam
Here are two covenants in this deed; 1. The implied covenant or warranty in law, by force of the word give, and which is good only for the life of the grantor; 2.The express covenant on the warranty against all claims and demands. But before there can be any remedy upon either covenant, there must be a lawful eviction averred and shown, and the declaration is bad for want of this averment. The implied covenant here is a covenant of warranty, and so it appears from the cases referred to in the opinion of the court in Frost v. Raymond; (2 Caines, 188.) and it is well understood that under a…
2Cases cited1 opinion
- Frost v. RaymondNew York Supreme Court · 1804
3Cited by18 opinions
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Cummins v. KennedyCourt of Appeals of Kentucky · 1823
- Weiser v. WeiserSupreme Court of Pennsylvania · 1836
- Hilliker v. . RuegerNew York Court of Appeals · 1920
- Stearn v. HesdorferNew York Court of Common Pleas · 1894
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