Kellogg v. Ingersoll
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought on a deed of bargain and sale, in which it was, amongst other things, covenanted by Ingersoll that the premises conveyed were free of all encumbrances ; “ and the plaintiff in fact says that, at the time of making said deed, the premises were not free of all encumbrances, because he says that for a long time before the making of said deed there had been, then was, and ever since hath been, a public town-road, or way, duly laid…
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This was an action of covenant broken, brought on a deed of bargain and sale, in which it was, amongst other things, covenanted by Ingersoll that the premises conveyed were free of all encumbrances ; “ and the plaintiff in fact says that, at the time of making said deed, the premises were not free of all encumbrances, because he says that for a long time before the making of said deed there had been, then was, and ever since hath been, a public town-road, or way, duly laid out by the said town of A, for the use [ * 98 ] of all the inhabitants of the said * town,” (and describes the way,) “…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
In this case, the count is in a plea of covenant broken, in which the plaintiff declares that the defendant, by his deed dated April 7th, 1787, sold him a tract of land in Alford, to hold in fee simple ; and, among other covenants, covenanted with the plaintiff that the premises were free of all encumbrances. Of this covenant the plaintiff assigns the breach; and avers that before at the time, and ever since, the execution of that deed, there bad been, then was, and ever since has been, a public town-road or way laid out over…
2Cases cited1 opinion
- Bradley v. OsterhoudtNew York Supreme Court · 1816
3Cited by27 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Whitbeck v. CookNew York Supreme Court · 1818
- Beach v. MillerIllinois Supreme Court · 1869
- Hubbard v. NortonSupreme Court of Connecticut · 1835
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