Legal Opinion

Perry v. Clark

Massachusetts Supreme Judicial Court

Decided October 22, 1892Published

Contract, for breach of the covenant of seisin in a deed of “ a certain tract of land situated in Albany City, county of Albany, State of New York.” Trial in the Superior Court, without a jury, before Braley, J., who found and ordered judgment for the defendant, and, at the request of the parties, reported the case for the determination of this court. The material facts appear in the opinion.

1Opinion of the CourtLathrop, J.

The only question in this case is that raised by the plaintiff’s request for a ruling “ that, if the defendant did not have any title or possession of the land in the city of Albany, he is liable to the plaintiff in this action.’’ The land in question had formerly been within the limits of the city of Albany, but for many years had been outside the city limits, and in another town. The judge found as a fact that the defendant, at the time of the delivery of the deed, was seised of the land therein described, and that the land might be identified and ascertained by the description and…

2Cases cited5 opinions

  1. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
  2. Stringer v. Lessee of YoungSupreme Court of the United States · 1830
  3. Loomis v. Jackson ex dem. M'NaughtonNew York Supreme Court · 1822
  4. Robinson v. BrennanMassachusetts Supreme Judicial Court · 1874
  5. Preston v. Robinson & RossSupreme Court of Vermont · 1852

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