Clark v. Estate of Conroe
Supreme Court of Vermont
Appear from the decision of commissioners on the estate of Jacob W. Conroe deceased. Declaration filed by the plaintiff in covenant. The plaintiff set forth in his declaration that Jacob W. Conroe, as administrator of the estate of John G. Eels, of Middlebury, on the 1st day of March, A. D. 1860, conveyed to the plaintiff for a valid consideration certain described premises by deed of warranty.
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Appear from the decision of commissioners on the estate of Jacob W. Conroe deceased. Declaration filed by the plaintiff in covenant. The plaintiff set forth in his declaration that Jacob W. Conroe, as administrator of the estate of John G. Eels, of Middlebury, on the 1st day of March, A. D. 1860, conveyed to the plaintiff for a valid consideration certain described premises by deed of warranty. Habendum “ to have and to hold said parcel of land with all the privileges and appurtenances thereto belonging to the said Merlin Clark, his heirs and assigns forever, and, to his and their own use.…
1Opinion of the Court
*473The opinion of the court was delivered by
Wilson, J.
This action is brought on the covenants contained in the defendant’s deed as administrator of the estate of John Gr. Eels, and the case comes before the court on a general demurrer to the declaration. The important question is whether the facts set forth in the declaration constitute a breach of the covenant of seizin or warranty. It will be conceded that the demurrer admits the whole of the declaration according to its legal effect. The defendant’s deed contains a description of the laud by metes and bounds, and the habendum is, “ to have…
2Cases cited1 opinion
- Chatfield v. WilsonSupreme Court of Vermont · 1855
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