Blanchard v. Hoxie

The plaintiff has declared- on the covenants of a deed of warranty given him by the defendant, and in his declaration has set forth in one count all the covenants, and assigned a breach of each by negativing its words. To this the defendant has filed a general demurrer.

In suits on the covenants against incumbrances of warranty, and for quiet enjoyment, the breach of each of these covenants must be specifically set forth. It is not enough to negative the general words of these covenants. Marston v. Hobbs, 2 Mass. 437; Wait v. Maxwell, 4 Pick. 87. The breach of these covenants therefore is not…