Cole v. Hawes
New York Supreme Court
This was an action of covenant, brought on the covenant of seisin, contained in a deed of bargain and sale, executed by the defendant to the plaintiff, for certain lands in the county of Columbia.
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This was an action of covenant, brought on the covenant of seisin, contained in a deed of bargain and sale, executed by the defendant to the plaintiff, for certain lands in the county of Columbia. The declaration stated the covenant to be, that the grantor, at and until 'the sealing and delivering of the deed, was well seised of the premises thereby bargained and sold, and that he had good right to bargain and sell the same, &c. and averred, that the defendant, at and until the sealing and delivering of the deed, was not well seised, &c. The defendant craved oyer of the deed, in which was the…
1Per curiam
The suit is on a covenant in a deed, that *204the defendant was seised of the premises, and had a right to convey. The plea states, that the defendant warranted the land against all but the lord of the soil, and that as against all but the lord of the soil, he was well seised, &c.
The last covenant explains the first; and in construing, them, both must be taken together. The deed itself declares, that there existed, distinct from the grantor, a lord of the soil. This was explicitly told to the grantee, by the deed. It is not to be supposed that the defendant would, in one line, covenant absolutely…
2Cases cited2 opinions
- Ludlow v. McCreaNew York Supreme Court · 1828
- Quackenboss v. LansingNew York Supreme Court · 1810
3Cited by4 opinions
- Harlow v. ThomasMassachusetts Supreme Judicial Court · 1833
- Lamb v. WakefieldU.S. Circuit Court for the District of Oregon · 1870
- Fields v. SquiresU.S. Circuit Court for the District of Oregon · 1868
- Akiona v. Kohala Sugar Co.Hawaii Supreme Court · 1885