Newport Hospital v. Ward

This is an action in covenant. The case is before us on the plaintiff’s exception to a ruling of the superior court sustaining a substantial demurrer to all the counts of the declaration.

An examination of the papers discloses that the action is based upon the alleged breach of the covenants of quiet enjoyment and of general warranty contained in a deed, dated May 19, 1746, from the town of Middletown to Jonathan Easton, which purports to convey Sechewest or second beach, otherwise described as the “commonage,” to the grantee therein named. The plaintiff is a successor in title as devisee of…