Knapp v. Town of Marlboro
Supreme Court of Vermont
This was an action of covenant, declaring for the breach of an alleged covenant for quiet enjoyment in a perpetual lease from the town of Marlboro to Jonathan Rising, his heirs and assigns, of “ two hundred acres on the north side of right numbered fifty-seven, bounded north on the north line of said right, east on the east line of said right, and west on the west line of said right, and to extend so far south as to contain two hundred acres with a line parallel with the…
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This was an action of covenant, declaring for the breach of an alleged covenant for quiet enjoyment in a perpetual lease from the town of Marlboro to Jonathan Rising, his heirs and assigns, of “ two hundred acres on the north side of right numbered fifty-seven, bounded north on the north line of said right, east on the east line of said right, and west on the west line of said right, and to extend so far south as to contain two hundred acres with a line parallel with the north line.” The defendant pleaded the general issue, and several pleas in bar, which were traversed, and the cause was…
1Opinion of the CourtAldis, J.
Upon a former hearing of this case it was decided that the lease from Marlboro to Rising contained a covenant of quiet enjoyment; that by the terms of the lease the covenant applied only to land lying in the town of Marlboro, and could not be extended by parol evidence to inelude land lying north of the north line of Marlboro, in Dover; and that the covenant ran with the land, and inured to the benefit of the plaintiff.*
Counsel do not seem to differ as to the general principles of law applicable to the proof of a breaeh of this covenant, viz: that the covenantee must be evicted from some…
2Cases cited1 opinion
- Knapp v. Town of MarlboroSupreme Court of Vermont · 1857
3Cited by3 opinions
- E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898
- Underwood v. BirchardSupreme Court of Vermont · 1875
- Knapp v. Town of MarlboroSupreme Court of Vermont · 1861