Randell v. Mallett
Supreme Judicial Court of Maine
The action was covenant broken, founded upon a deed of defendant covenanting among other things, that the lot conveyed to the plaintiff, No. 18 in the 4th range, Williams College township, was free of all incumbrances, and alleging as a breach, that the premises were encumbered by a mortgage of 6000 acres, lying in common and undivided with the residue of said township, made by the defendant to the Trustees of Williams College.
Read the full summary
The action was covenant broken, founded upon a deed of defendant covenanting among other things, that the lot conveyed to the plaintiff, No. 18 in the 4th range, Williams College township, was free of all incumbrances, and alleging as a breach, that the premises were encumbered by a mortgage of 6000 acres, lying in common and undivided with the residue of said township, made by the defendant to the Trustees of Williams College. The plaintiff gave in evidence his deed and the mortgage, and there rested, claiming only nominal damages, as the mortgage was not paid off. This was resisted by the…
1Opinion of the Court
After a continuance, nisi, the opinion of the Court was drawn up by
Weston C. J.
The defendant, having purchased of Nathaniel Jngersoll six thousand acres of land, in the township granted to Williams College, in common and undivided, mortgaged the same to that corporation. He became the owner also, by purchase from other persons, of fifteen hundred acres more in common and undivided, in the same township. He afterwards sold to settlers fourteen lots, of one hundred acres each, by metes and bounds. These were afterwards drawn to the defendant’s right in a division of the lands, for the purpose…
2Cited by5 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Howze v. DewSupreme Court of Alabama · 1890
- Appeal of McCandlessSupreme Court of Pennsylvania · 1881
- Baltzell v. DanielSupreme Court of Florida · 1933
- Green v. ArnoldSupreme Court of Rhode Island · 1876