Legal Opinion · Concurrence

Mott v. . Palmer

New York Court of Appeals

Decided December 5, 1848Published

Palmer brought an action of covenant against Mott in the common pleas of Columbia county, in which court the cause was tried in October, 1846. " The case was this: On the 85th of December, 1841, the defendant conveyed to the plaintiff certain premises situated in Chatham, Columbia county, covenanting in the conveyance that at the delivery thereof he was the lawful owner of the premises granted, and seised of a good and indefeasible estate of inheritance therein clear of all…

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Palmer brought an action of covenant against Mott in the common pleas of Columbia county, in which court the cause was tried in October, 1846. " The case was this: On the 85th of December, 1841, the defendant conveyed to the plaintiff certain premises situated in Chatham, Columbia county, covenanting in the conveyance that at the delivery thereof he was the lawful owner of the premises granted, and seised of a good and indefeasible estate of inheritance therein clear of all incum brance. A quantity of rails erected into a fence which stood on the premises at the time the deed was executed was…

1Concurrence

The fence in question stood on the land which the defendant conveyed to the plaintiff; and, as between vendor and vendee, was a part of the thing granted. (Goodrich v. Jones, 2 Hill, 142; Thayer v. Wright, 4 Denio, 180; Green v.Armstrong, 1 id. 554.) There is no more doubt of this, than there is that the trees, herbage and buildings on the land, or the mines and quarries in it, passed by the deed.

It is undoubtedly true that the soil may be owned by one man, and the fences and buildings by another; and as between such owners, those structures will be regarded as personal property. But in their…

2Cases cited1 opinion

  1. Thayer v. WrightNew York Supreme Court · 1847

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