Lockwood v. Sturdevant
Supreme Court of Connecticut
This was an action on the covenants in a deed, from John Sturdevant, deceased, and John S. Sturdevant, to Samuel Lockwood, the plaintiff dated the 19th of July, 1820. The covenants were those usually inserted in our deeds of warranty, and were expressed in the same terms.
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This was an action on the covenants in a deed, from John Sturdevant, deceased, and John S. Sturdevant, to Samuel Lockwood, the plaintiff dated the 19th of July, 1820. The covenants were those usually inserted in our deeds of warranty, and were expressed in the same terms. The breach was thus assigned: That at the time of executing the deed, neither the defendant, nor the deceased, was the lawful owner of the land in question, viz. a certain tract of 100 acres, nor lawfully seised thereof, as a good indefeasible estate in fee-simple; nor had they, or either of them, good right to sell and…
1Opinion of the Court
Hosmer, Ch. J.
This case presents several questions, to which I shall attend, in the order in which they naturally arise.
The covenants, on which the plaintiff has founded his action, are contained in a mortgage deed, as a security of the title to the estate mortgaged. The grantors covenanted, not merely *384that they were seised of the premises, but that their seisin was of an indefeasible estate in fee-simple, and that they had good right to convey this quantity of interest.
In the first place, the defendant objects, that the above covenants in a deed of mortgage, are not valid.
It is not a little…
2Cases cited10 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Bradish v. GibbsNew York Court of Chancery · 1818
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Griswold v. BigelowSupreme Court of Connecticut · 1826
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Dale v. ShivelySupreme Court of Kansas · 1871
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Perry v. BulkleySupreme Court of Connecticut · 1909
- Allen v. AllenSupreme Court of Minnesota · 1892
- Perkins v. AugustSupreme Court of Connecticut · 1929
27 more not listed; retrieve them via the Exa API.