Stanard v. Eldridge
New York Supreme Court
THIS was an action of covenant, for the breach of the. covenants a deed dated the, 16th of Map, 1815, and ex-ecu*e(* V'the defendant and his wife, for a piece of land, of eighteen acres, one quarter of an acre, and eight poles, by which the defendant covenanted that the grantors, at the time of the ensealing and delivery of the deed, were lawfully seised, in their own right, of the premises, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee…
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THIS was an action of covenant, for the breach of the. covenants a deed dated the, 16th of Map, 1815, and ex-ecu*e(* V'the defendant and his wife, for a piece of land, of eighteen acres, one quarter of an acre, and eight poles, by which the defendant covenanted that the grantors, at the time of the ensealing and delivery of the deed, were lawfully seised, in their own right, of the premises, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee simple, without any manner of condition to alter, change, determine, or defeat the same, and had good right &c. to…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
la *256Sedgwick v. Hollenback, (7 Johns. Rep. 380.) the Court tie» c^ed that a mortgagor is considered as seised, until a foreclosure of the equity of redemption, if possession be not delivered to the mortgagee. In the case of Runyan v. Mersereau, (11 Johns. Rep. 538.) we went the whole length of deciding that mortgages are to be regarded as mere securities for money, and that the freehold continues in the mortgagor.
In the present case, however, the covenant is not only that the defendant was seised of an absolute and indefeasible estate of…
2Cited by16 opinions
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- President of Schuylkill Navigation Co. v. ThoburnSupreme Court of Pennsylvania · 1821
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