Moore v. Merrill
Superior Court of New Hampshire
Covenant. The declaration set forth that the defendant, on the 14th day of March, 1840, conveyed to the plaintiff three fourths of a certain tract of land, in Bedford, and covenanted that he was seized in fee and had good right to sell and convey, with a general breach of those covenants. The plea was, that the defendant was seized in fee, and had good right to convey, and issue was joined.
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Covenant. The declaration set forth that the defendant, on the 14th day of March, 1840, conveyed to the plaintiff three fourths of a certain tract of land, in Bedford, and covenanted that he was seized in fee and had good right to sell and convey, with a general breach of those covenants. The plea was, that the defendant was seized in fee, and had good right to convey, and issue was joined. It appeared in evidence that the defendant, on the 14th day of March, 1840, executed to the plaintiff a deed of three fourths of the tract of land, as set forth in the declaration, with covenants of…
1Opinion of the CourtGilchrist, J.
Before the 23d day of June, 1837, White and Leach were seized, each of an undivided fourth part of the premises which are the subject of this controversy-, and the plaintiff conveyed three fourths of the same premises to Pettengill in fee, with covenants of seizin and warranty.
Pettengill, on the 23d day of June, 1837, conveyed, by a quitclaim deed, without covenants, all his right and title to those three fourths to Corning.
*78Corning, on the 16th day of June, 1838, conveyed the same to the defendant, with a covenant of warranty against all persons claiming under him.
And on the 14th day of…
2Cases cited5 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Haynes v. StevensSuperior Court of New Hampshire · 1840