Mott v. . Palmer
New York Court of Appeals
Palmer brought an action of covenant against Mott in the common pleas of Columbia county, in which court the cause was tried in October, 1846. " The case was this: On the 85th of December, 1841, the defendant conveyed to the plaintiff certain premises situated in Chatham, Columbia county, covenanting in the conveyance that at the delivery thereof he was the lawful owner of the premises granted, and seised of a good and indefeasible estate of inheritance therein clear of all…
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Palmer brought an action of covenant against Mott in the common pleas of Columbia county, in which court the cause was tried in October, 1846. " The case was this: On the 85th of December, 1841, the defendant conveyed to the plaintiff certain premises situated in Chatham, Columbia county, covenanting in the conveyance that at the delivery thereof he was the lawful owner of the premises granted, and seised of a good and indefeasible estate of inheritance therein clear of all incum brance. A quantity of rails erected into a fence which stood on the premises at the time the deed was executed was…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In December, 1841, Mott conveyed to Palmer a farm of land in Columbia county, by a deed containing the following covenant:
"And the said Philander Mott doth hereby covenant and agree that at the delivery hereof he is the lawful owner of the premises above granted, and seized of a good and indefeasible estate of inheritance therein clear of all incumbrance."
This action was brought by Palmer, the grantee, on the covenant in the deed, to recover the value of a rail…
2Cases cited1 opinion
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by46 opinions
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Tifft v. . HortonNew York Court of Appeals · 1873
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Scriver v. . SmithNew York Court of Appeals · 1885
- Mygatt v. . CoeNew York Court of Appeals · 1891
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