Parker v. Brown
Superior Court of New Hampshire
Covenant broken. This was an action for breach of covenants contained in a deed of certain land in Goffstown and Ilooksett, dated August 3,1836, from the defendants to the plaintiffs.
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Covenant broken. This was an action for breach of covenants contained in a deed of certain land in Goffstown and Ilooksett, dated August 3,1836, from the defendants to the plaintiffs. There were two counts, each describing the whole of the premises mentioned in said deed, and setting forth covenants that the defendants “ until the delivery of said deed were the lawful owners of said premises, and were seized thereof in their own right in fee simple,” and also the usual covenants of right to convey, freedom from incumbrances and of warranty, and alleged an eviction by Joseph Mitchell and Enoch…
1Opinion of the CourtParker, C. J.
MitcheE and Ela are not estopped from setting up title to the whole of lot No. 6, by the fact that MitcheE, at a time when he had no interest, showed a certain bound as the corner of lot No. 5, which would include a portion of lot No. 6 within the limits of lot No. 5.
MitcheE alone would not be thus estopped. His acts could not affect the owner of lot No. 6, who might notwithstanding convey a good title to the whole of that lot to any third person, and his grantees might convey as good a title to MitcheE as to any one else. In the case of fraudulent sales, a party who has notice may purchase…
2Cases cited7 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Richardson v. DorrSupreme Court of Vermont · 1833
- Woods v. BanksSuperior Court of New Hampshire · 1843
- Catlin v. HurlburtSupreme Court of Vermont · 1831
- Wendell v. BlanchardSuperior Court of New Hampshire · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Willson v. WillsonSuperior Court of New Hampshire · 1852
- Drew v. TowleSuperior Court of New Hampshire · 1853
- Fisk v. HicksSuperior Court of New Hampshire · 1855
- Partridge v. HatchSuperior Court of New Hampshire · 1846