Elder v. True
Supreme Judicial Court of Maine
Covenant broken. The opinion of the court sufficiently presents the facts. By agreement, the court was to determine the measure of damage. The damage to be assessed is the value of the land at the time of the eviction under the mortgage, with interest. 2 Greenl. on Ev. 242, 200; 8 Pick. 546, 547; 11 Pick. 462; 12 Mass. 304; 2 Green, N. Jersey, 48; 3 Metc. 81. It was not the plaintiff’s duty to redeem; he might well repose upon the covenants.
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Covenant broken. The opinion of the court sufficiently presents the facts. By agreement, the court was to determine the measure of damage. The damage to be assessed is the value of the land at the time of the eviction under the mortgage, with interest. 2 Greenl. on Ev. 242, 200; 8 Pick. 546, 547; 11 Pick. 462; 12 Mass. 304; 2 Green, N. Jersey, 48; 3 Metc. 81. It was not the plaintiff’s duty to redeem; he might well repose upon the covenants. The object of taking covenants is to obtain that repose. Whose duty or privthege was it to redeem ? Was it the plaintiff’s or the defendant’s ? In…
1Opinion of the CourtTenney, J.
The covenant alleged in the plaintiff’s writ to have been broken, is in a deed of the defendant to the plaintiff dated May 20, 1839. The breach relied upon is a paramount and absolute title acquired by Joel Haley, on May 25, 1842, by virtue of a mortgage given by Jacob G. Remick, (from whom the defendant derived his interest through Edward G. Sturgis,) to Mark Haley on Sept. 30, 1834, assigned to said Joel Haley on the same day, and a foreclosure of the same. Joel Haley obtained a conditional judgment on that mortgage for possession ; and the condition not having been fulfilled by the payment…
2Cited by6 opinions
- Dionne v. LeClercSupreme Judicial Court of Maine · 2006
- Tyner v. CotterWisconsin Supreme Court · 1886
- Haukland v. MuirheadMichigan Supreme Court · 1925
- William Farrell Lumber Co. v. DeshonSupreme Court of Arkansas · 1898
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
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