Rindskopf v. Farmers' Loan & Trust Co.
New York Supreme Court
APPEAL by the plaintiff from a judgment entered upon the report of a referee, dismissing "the complaint, with costs. The action was brought to recover damages for breach of a covenant of warranty contained in a deed.
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APPEAL by the plaintiff from a judgment entered upon the report of a referee, dismissing "the complaint, with costs. The action was brought to recover damages for breach of a covenant of warranty contained in a deed. The referee found the following facts: On the 7th day of May, in the year 1852, the, defendant, a Hew York corporation, and successor to the Holland Land Company, by deed granted and conveyed to one Horace Frizelle, lot 20 in the eighth township and fifth range of townships, of the tract known as the Holland Land Company’s land, together with divers other lots and parcels of…
1Opinion of the Court
By the Court, Johnson, J.
The covenant on which this action was brought is the general covenant, to warrant and defend the premises conveyed, against all lawful claims. This covenant, as had been repeatedly held, includes the! covenant for quiet enjoyment, and the true meaning of if is, that the grantee and his heirs and assigns shall not be’ deprived of possession by force of a paramount title. It » *50runs with the land, and passes with the fee to any subsequent grantee of the same title.
Whatever may be the rule elsewhere, it is certainly well settled in this State, by a long and uniform course…
2Cases cited5 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Rickert v. SynderNew York Supreme Court · 1832
- Fowler v. PolingNew York Supreme Court · 1849
- Waldron v. M'CartyNew York Supreme Court · 1808
- Ingersoll v. HallNew York Supreme Court · 1859
3Cited by5 opinions
- Bissell v. KelloggNew York Supreme Court · 1871
- Shattuck v. . LambNew York Court of Appeals · 1875
- Real v. HollisterNebraska Supreme Court · 1885
- Claflin v. CaseSupreme Court of Kansas · 1894
- Shattuck v. . LambNew York Court of Appeals · 1875