Tillotson v. Prichard
Supreme Court of Vermont
Action of covenant broken. Heard on report of referee and exceptions thereto, December Term, 1885, Orange County, Rowell, J., presiding. On bearing the plaintiff expressly renounced all claims to recover on the covenant of seizin, and relied on tbe covenant of warranty only. Judgment on the report for the defendant. Exceptions by the plaintiff. The declarations mentioned in exceptions 23 and 24 were in effect that Reed, Sherwood and Knight owned the land in contention.
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Action of covenant broken. Heard on report of referee and exceptions thereto, December Term, 1885, Orange County, Rowell, J., presiding. On bearing the plaintiff expressly renounced all claims to recover on the covenant of seizin, and relied on tbe covenant of warranty only. Judgment on the report for the defendant. Exceptions by the plaintiff. The declarations mentioned in exceptions 23 and 24 were in effect that Reed, Sherwood and Knight owned the land in contention. The other facts are sufficiently stated in the opinion. I. The defendant’s covenant of warranty in his deed to D. E.…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The defendant, George Prichard, conveyed the land in question to Daniel F. Tillotson and Henry Dame, by deed, containing the usual covenants, dated the 4th day of June, 1866 ; by subsequent deeds of conveyance the interest of Dame passed to Tillotson, and the latter, on the 18th day of May, 1882, conveyed the premises to the plaintiff.
I. At the time Prichard conveyed the premises to Tillotson andDame, he did not hold the legal title to them, nor did he have possession of the same, unless the payment of taxes constituted possession. The payment…
2Cases cited15 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Morrill v. MorrillSupreme Court of Vermont · 1880
- M. Ward & Co. v. MorrisonSupreme Court of Vermont · 1853
- University of Vermont v. JoslynSupreme Court of Vermont · 1848
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3Cited by12 opinions
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- Langdon v. TempletonSupreme Court of Vermont · 1893
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