Brown v. Taylor
Supreme Court of Vermont
This was an action of covenant, brought to recover damages for a breach of a covenant of warranty, contained in a deed from John McDaniel, the defendant’s intestate, to Asa Aldis and Daniel Owen, dated October 15, 1800, conveying the right of Experience Fisk, in Duncansboro’, now Newport, in the county of Orleans. The defendant pleaded non est factum, and several pleas in bar. Issues were joined to the country.
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This was an action of covenant, brought to recover damages for a breach of a covenant of warranty, contained in a deed from John McDaniel, the defendant’s intestate, to Asa Aldis and Daniel Owen, dated October 15, 1800, conveying the right of Experience Fisk, in Duncansboro’, now Newport, in the county of Orleans. The defendant pleaded non est factum, and several pleas in bar. Issues were joined to the country. On the trial in the county court, the plaintiffs gave in evidence the deed above described, and also proved, by the charter of said town, that Experience Fisk was one of the original…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The questions arising in this case are, first, whether the judgment rendered by the supreme court, at the March term, 1835, in the suit in favor of the present plaintiffs against Ebenezer Kimball, was conclusive evidence against this defendant of a want of title in his intestate to the lot then recovered against the said Kimball, so as to preclude him from showing title to the lands in this suit, and, second, whether the rule of damages adopted by the county court, in giving the value of the whole right, was correct.
It appears that…
2Cited by9 opinions
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