Phelps v. Decker
Massachusetts Supreme Judicial Court
This was an action of covenant broken. The plaintiff alleges that the defendant, on the 22d day of September, 1796, by his' deed, duly executed and registered, and in court to be produced, in consideration of the sum of 4000 dollars paid him by the plaintiff, bargained and sold to the plaintiff a certain tract or township of land, bounded, &c., containing 16,000 acres of land, known by the name of Oston, except 1300 acres, lying and being in said township, then occupied by…
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This was an action of covenant broken. The plaintiff alleges that the defendant, on the 22d day of September, 1796, by his' deed, duly executed and registered, and in court to be produced, in consideration of the sum of 4000 dollars paid him by the plaintiff, bargained and sold to the plaintiff a certain tract or township of land, bounded, &c., containing 16,000 acres of land, known by the name of Oston, except 1300 acres, lying and being in said township, then occupied by actual settlers thereunto belonging ; and in and by the same deed covenanted that, at the time, &c., he, the said Tunis,…
1Opinion of the CourtSewall, J.
(After briefly stating the action, the pleadings and the facts agreed.) If the declaration, in this case, is sufficient to charge the defendant, the pleas in bar admit a breach, and allege no excuse. It has been argued that the declaration is insufficient, because upon oyer, whereby the deed becomes part of the declaration ; it appears that the covenants are limited to the title of the Connecticut Susquehannah Company; that is, the defendant has undertaken for a conveyance of their title, such as it was, and for nothing more. “ The above is to be warranted from all claims, &c., as far as the…
2Cases cited6 opinions
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