Abbott v. Allen
New York Supreme Court
THIS was an action of covenant. The declaration stated, that 0n the 18 th of April, 1805. by a certain indenture, the defendants, ¡D consideration of the sum of 2500 dollars, bargained and ^ e , so^ to the plaintiff, jn fee, a certain piece of land, in the town °t Paulings, and covenanted that they “ were lawfully seised in their own right, of a good, sure, and indefeasible estate of inheritance, in fee simple, of, in, and to the said premises, with the appurtenances, and…
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THIS was an action of covenant. The declaration stated, that 0n the 18 th of April, 1805. by a certain indenture, the defendants, ¡D consideration of the sum of 2500 dollars, bargained and ^ e , so^ to the plaintiff, jn fee, a certain piece of land, in the town °t Paulings, and covenanted that they “ were lawfully seised in their own right, of a good, sure, and indefeasible estate of inheritance, in fee simple, of, in, and to the said premises, with the appurtenances, and had good right, lawful power and authority, to grant, bargain, and sell, alien, release, enfeoff and convey the same…
1Opinion of the CourtPlatt, J.
It is well settled, as a general rule, that in actions of covenant, breaches may be assigned by negativing, generally, the words of the covenant. There can be no doubt that the breach in this case is Well assigned in the declaration. The plea, in averring seisin and lawful right in the defendants generally, was good; although the defendants might have set forth in their plea the source and chain of their title, if they had been desirous of presenting on the record any question of law which might be involved in it.
It remains then to be considered, whether the replication, which in general…
2Cases cited1 opinion
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
3Cited by15 opinions
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Woolley v. . NewcombeNew York Court of Appeals · 1882
- Ingalls v. EatonMichigan Supreme Court · 1872
- Stearn v. HesdorferNew York Court of Common Pleas · 1894
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