Rea v. Minkler
New York Supreme Court
Appeal from judgment of Special Term. This action was brought to recover damages by reason of a breach of the covenant of warranty in a deed from defendant to plaintiff. The breach complained of was in this, that a private-right of way previously conveyed by defendant to one IsaacW. Allen, existed upon the premises and was used as such. The case was tried at a Circuit Court in Clinton county by the court without a jury.
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Appeal from judgment of Special Term. This action was brought to recover damages by reason of a breach of the covenant of warranty in a deed from defendant to plaintiff. The breach complained of was in this, that a private-right of way previously conveyed by defendant to one IsaacW. Allen, existed upon the premises and was used as such. The case was tried at a Circuit Court in Clinton county by the court without a jury. The court found for the plaintiff on- the facts, but decided, as a matter of law, that the warranty was of title only, and that the existing private right of way and its use…
1Opinion of the Court
*198By the Court
Miller, P. J.
The covenant of warranty upon which this action was brought was not only against the grantors and their representatives, but “ against every person claiming or to claim the premises, or any part thereof.” This is broad and comprehensive, and if literally interpreted would embrace perhaps more than is usually included within the terms of a covenant of warranty. The fair import of the covenant, I think, is, that it extends to possession as well as title, and whenever there is any disturbance of either by force of a title paramount the covenant is broken. This would…
2Cases cited10 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Fowler v. PolingNew York Supreme Court · 1849
- Webb v. AlexanderNew York Supreme Court · 1831
- Waldron v. M'CartyNew York Supreme Court · 1808
- Kerr v. Shaw & ShawNew York Supreme Court · 1816
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3Cited by15 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
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- Hymes v. . EsteyNew York Court of Appeals · 1889
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- Eller v. MooreAppellate Division of the Supreme Court of the State of New York · 1900
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