Legal Opinion

Smith v. Read

Supreme Court of Connecticut

Decided July 27, 1883PublishedCited by 6 opinions

Action for the breach of a covenant against incumbrances ; brought to the District Court of Litchfield County, and tried to the court before Warner, J. Facts found and judgment rendered for the plaintiff for a part of his claim. Appeals by both parties. The case is sufficiently stated in the opinion.

1Opinion of the CourtLoomis, J.

This is an action to recover damages for a breach of covenants against incumbrances. The District Court sustained the plaintiff’s claim in part and denied it in part, and both parties appealed. One alleged breach of the covenant is, that the premises conveyed to the plaintiff were, when conveyed, subject to a lien to secure the payment of certain taxes theretofore assessed against the property.

Between the months of April and August, 1879, the property was entered upon the assessment roll for the town of Flushing, Queen’s County, New York, for the purposes of taxation for that year, in the…

2Cases cited1 opinion

  1. Shanahan v. PerryMassachusetts Supreme Judicial Court · 1881

3Cited by6 opinions

  1. McCarthy v. Union Pac. Ry. Co.Wyoming Supreme Court · 1942
  2. Curtis v. SmithSupreme Court of Connecticut · 1903
  3. Ludlow v. City of LudlowCourt of Appeals of Kentucky · 1913
  4. Kozienieski v. WhitcombConnecticut Superior Court · 1970
  5. Hall v. AllisSupreme Court of Connecticut · 1900

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