Beddoe's v. Wadsworth
New York Supreme Court
Demurrer to declaration. This was an action on covenants of warranty and for quiet enjoyment, contained in a deed of land, dated July 7th, 1797, executed by the defendant to John Johnston.
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Demurrer to declaration. This was an action on covenants of warranty and for quiet enjoyment, contained in a deed of land, dated July 7th, 1797, executed by the defendant to John Johnston. Each count (there being six in all) averred that afterwards, viz. on the same day, the defendant by Johnston’s direction, and with his consent, surrendered possession of the land to the testator, John Beddoe, who continued in ¡possession until Johnston, on the 16th August, 1802, by indenture, in consideration of one dollar, therein expressed as in hand paid by Beddoe, did “ remise, release, and forever quit…
1Opinion of the Court
Points made and argued on the part of the defendant;
I. It appears by all the counts in the declaration except the sixth, that the defendant never had any title to the pre*122mises from which the evictions were had; consequently no title passed by his deed to Johnston, and none was or could be conveyed by Johnston to Beddoe, and as no estate passed to Beddoe there was no land to which the covenants declared upon, could be annexed so as to pass to the assignee of Johnston. In support of this point the counsel cited and commmented upon the following authorities: 4 Kent’s Comm. 471, note h; Hickford…
2Cases cited6 opinions
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- Webb v. AlexanderNew York Supreme Court · 1831
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- Mygatt v. . CoeNew York Court of Appeals · 1894
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