Olmstead v. Rawson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edmund G. Eawson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 4th day of May, 1905, upon the decision of the court rendered after atrial before the court without a jury at the Saratoga Trial Term.
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Appeal by the defendant, Edmund G. Eawson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 4th day of May, 1905, upon the decision of the court rendered after atrial before the court without a jury at the Saratoga Trial Term. On the 15th day of May, 1904, at a sheriff’s sale held by virtue of an execution issued against one Stephen E. Ehodes in an action in which the defendant in this action was the plaintiff, the defendant in this action purchased all the right, title and interest which said Stephen E- Ehodes…
1Opinion of the Court
Chase, J.:
Where the title to a divided part of real property conveyed with covenants of warranty and quiet enjoyment fails and the grantee is evicted therefrom, the covenantor is liable on the covenants of warranty and quiet enjoyment to the extent only of that proportion of the whole purchase price that the value of the part to which the title has failed bears to the value- of all the property sold. (Sweet v. Howell, 96 App. Div. 45.) The covenantor on the failure of the title of a divided part of the premises sold cannot as matter of right demand the reconveyance of the real property on…
2Cases cited1 opinion
- Sweet v. HowellAppellate Division of the Supreme Court of the State of New York · 1904