Adams v. . Conover
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of the plaintiff, entered upon an order made October 3, 1880, which denied a motion for a new trial, and directed judgment on a verdict: (Reported below, 22 Hun, 424.) This action was brought to recover damages for an alleged breach of covenants of warranty, and of quiet enjoyment contained in a deed.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of the plaintiff, entered upon an order made October 3, 1880, which denied a motion for a new trial, and directed judgment on a verdict: (Reported below, 22 Hun, 424.) This action was brought to recover damages for an alleged breach of covenants of warranty, and of quiet enjoyment contained in a deed. The deed in question was executed by defendant William Conover and one Benjamin Conover, who died before the commencement of the action. The defendant John Conover was co-grantee with…
1Opinion of the CourtFinch, J.
The principal attack upon this judgment is based upon a doctrine which we have recently approved. (Green v Collins, MSS., Oct. 4, 1881. * ) We held in that case that a conveyance of land, though transferring whatever is properly and lawfully appurtenant to the subject -of. the grant, does hot convey an easement which has no lawful or valid existence as such, although it may seem or appear, as matter of fact, to be-attached to the land. And this upon the obvious ground that ■ mere general words, or presumptions arising from the character
and uses of the property conveyed, cannot justly be…
2Cases cited7 opinions
- Brown v. . BowenNew York Court of Appeals · 1864
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Green v. . CollinsNew York Court of Appeals · 1881
- Hamilton v. WilsonNew York Supreme Court · 1809
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Scriver v. . SmithNew York Court of Appeals · 1885
- Spencer v. . KilmerNew York Court of Appeals · 1897
- Root v. . WadhamsNew York Court of Appeals · 1887
- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884
13 more not listed; retrieve them via the Exa API.