Dann v. Woodruff
Supreme Court of Connecticut
Action to recover damages for the breach of a covenant against incumbrances; brought to the Court of Common Pleas. Facts found and case reserved for advice. The case is fully stated in the opinion.
1Opinion of the CourtCarpenter, J.
This is a suit to recover damages for a breach of the covenant against incumbrances in a mortgage deed given by the defendant to the plaintiff. After the mortgage was foreclosed the plaintiff paid two assessments for benefits, one for a sewer, and one for a pavement; which assessments appeared upon the record of land titles as an incumbrance on the premises. The Court of Common Pleas found the facts and reserved the case for the advice of this court.
A covenant against incumbrances, if broken at all, is broken the instant the deed is given.
The first question which we will consider is,…
2Cited by6 opinions
- Cook v. City of AnsoniaSupreme Court of Connecticut · 1895
- Ferguson v. Borough of StamfordSupreme Court of Connecticut · 1891
- Platt v. Town of MilfordSupreme Court of Connecticut · 1895
- Tomes v. ThompsonSupreme Court of Connecticut · 1930
- Ashley Realty Co., Inc. v. Metropolitan DistrictSupreme Court of Connecticut · 1946
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