Legal Opinion

White v. Sanborn

Superior Court of New Hampshire

Decided July 15, 1833PublishedCited by 2 opinions

This was an action of covenant broken. The plaintiff’ alleged, in his declaration, that on the 20th February, 1823, the defendant, by deed, conveyed to one A. Bo-honon, a certain tract of land in Washington, in the state of Vermont, and by the same deed covenanted with the said Bohonon, his heirs and assigns, that he, the defendant, would warrant the same land to the said Bohonon against the lawful claims of any person claiming by, from, or under him.

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This was an action of covenant broken. The plaintiff’ alleged, in his declaration, that on the 20th February, 1823, the defendant, by deed, conveyed to one A. Bo-honon, a certain tract of land in Washington, in the state of Vermont, and by the same deed covenanted with the said Bohonon, his heirs and assigns, that he, the defendant, would warrant the same land to the said Bohonon against the lawful claims of any person claiming by, from, or under him. And afterwards, on the 6th March, 1823, the said Bohonon, by his deed, conveyed the same land to the plaintiff, to hold to him and his heirs.…

1Opinion of the CourtRichardson, C. J.

In this ease the defendant conveyed to Bohonon lands in Vermont with warranty, and Bohonon assigned all his interest in the land to the plaintiff, who, having been evicted, now brings his action of covenant m assignee of the estate against Sanborn, and the question is, whether the action is local so that it cannot be maintained in this state ?

In general, actions founded upon contracts are transitory. although made and even stipulated to be performed out of the state, for Blkum et contráete! sunt nulhax L-ei. But when the action is founded upon privity of estate it is local, and lies only in…

2Cases cited3 opinions

  1. Lienow v. EllisMassachusetts Supreme Judicial Court · 1810
  2. Baldwin v. BiersdorferIndiana Superior Court · 1871
  3. Smith v. TuftsSuperior Court of New Hampshire · 1831

3Cited by2 opinions

  1. White v. HildrethSuperior Court of New Hampshire · 1842
  2. Worster v. Winnipiseogee Lake Co.Superior Court of New Hampshire · 1852

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