Legal Opinion
Doonan v. Killilea
New York Supreme Court
Decided November 15, 1914PublishedCited by 5 opinions
Demurrer to complaint.
1Opinion of the CourtCrane, J.
On the 15th day of April, 1913, the defendants conveyed the premises in question, to the plaintiff s' hy deed covenanting ‘ ‘ that said premises are free from incumbrances.”
Under section 253 of the Beal Property Law such a covenant means that the property is free, clear, discharged and unincumbered "of and from all charges, assessments and incumbrances of what nature or kind soever.
Ah assessment upon this property was confirmed by the Supreme Court on the 16th day of December, 1912, and entered into the records of the collector of assessments and arrears on the 11th day of April, 1913.
The…
2Cases cited4 opinions
- Wheeler v. SohmerSupreme Court of the United States · 1914
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Real Estate Corporation v. . HarperNew York Court of Appeals · 1903
- Ryan v. Domestic Realty Co.Appellate Terms of the Supreme Court of New York · 1914
3Cited by5 opinions
- Campagna v. Home Owners Loan Corp.Nebraska Supreme Court · 1941
- Doonan v. KillileaAppellate Division of the Supreme Court of the State of New York · 1915
- Doonan v. KillileaAppellate Division of the Supreme Court of the State of New York · 1915
- Treib & Brodsky, Inc. v. NorthAppellate Division of the Supreme Court of the State of New York · 1915
- Upland Realty Co. v. City of New YorkAppellate Terms of the Supreme Court of New York · 1917