Legal Opinion

Gore v. Brazier

Massachusetts Supreme Judicial Court

Decided November 15, 1807PublishedCited by 62 opinions

Covenant broken upon a deed of the defendant and one Henry Brazier, deceased, dated December 28, 1801, conveying to the plaintiff in fee simple a certain messuage and land in Boston, in which were contained the usual covenants, viz., that the grantors were lawfully seised in fee of the premises, that they were free of all encumbrances, that the grantors had good right to sell and convey, and would warrant and defend the same to the plaintiff against the lawful claims and…

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Covenant broken upon a deed of the defendant and one Henry Brazier, deceased, dated December 28, 1801, conveying to the plaintiff in fee simple a certain messuage and land in Boston, in which were contained the usual covenants, viz., that the grantors were lawfully seised in fee of the premises, that they were free of all encumbrances, that the grantors had good right to sell and convey, and would warrant and defend the same to the plaintiff against the lawful claims and demands of all persons. The declaration contained two counts; the first count alleged generally a breach of all the…

1Opinion of the Court

The action was continued nisi, and, at the last September term in Norfolk, the following opinion of the Court was delivered by

Parsons, C. J.

The action is covenant broken, in which the plaintiff has demanded against the defendant his damages for the breach of certain covenants contained in a deed of conveyance of land in fee simple, with general warranty, executed on the 28th of December, 1801, to the plaintiff, by the defendant and one Henry Brazier, who died before the commencement of the action. The *467parties agree that the late Moses Gill, Esq., was seised of the premises in fee, and by his…

2Cases cited17 opinions

  1. Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
  2. Catlin v. WareMassachusetts Supreme Judicial Court · 1812
  3. Bickford v. PageMassachusetts Supreme Judicial Court · 1807
  4. State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
  5. Bott v. BurnellMassachusetts Supreme Judicial Court · 1814

12 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Ricard v. WilliamsSupreme Court of the United States · 1822
  2. Duvall v. CraigSupreme Court of the United States · 1817
  3. Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
  4. Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
  5. Furnas v. DurginMassachusetts Supreme Judicial Court · 1876

57 more not listed; retrieve them via the Exa API.

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