Scriver v. . Smith
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 3,1883, which affirmed a judgment in favor of plaintiffs entered upon an order overruling a deuiurerer to plaintiffs’ complaint. (Reported below, 30 Hun, 129.) This action was brought to recover damages for an alleged breach of covenant for quiet enjoyment contained in a deed. The material facts are set forth in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 3,1883, which affirmed a judgment in favor of plaintiffs entered upon an order overruling a deuiurerer to plaintiffs’ complaint. (Reported below, 30 Hun, 129.) This action was brought to recover damages for an alleged breach of covenant for quiet enjoyment contained in a deed. The material facts are set forth in the opinion. To constitute a breach of this covenant of quiet enjoyment there must be an eviction or ouster from the possession of the whole or a part of…
1Opinion of the CourtEarl, J.
On the 25th day of March, 1875, the defendant conveyed to the plaintiffs a parcel of land situate in Franklin county, described in the deed as follows : “ Commencing at a point forty rods south and forty rods east from the north-west corner of said lot No. 44, in the east line of a forty-acre lot formerly owned by Philip Bryant, and at the south-west corner of land formerely owned by George W. Douglass, .running from thence south in the east line of the Bryant lot to the land leased or owned by the Northern ¡Railroad Company; thence east in the north line of said railroad to the west bounds…
2Cases cited10 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Mott v. . PalmerNew York Court of Appeals · 1848
- Funk v. CreswellSupreme Court of Iowa · 1857
- Green v. . CollinsNew York Court of Appeals · 1881
- Clark v. Estate of ConroeSupreme Court of Vermont · 1866
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3Cited by56 opinions
- United States v. CressSupreme Court of the United States · 1917
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
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