Beecher v. Baldwin
Supreme Court of Connecticut
Action upon the covenants in a deed of real estate; brought to the Superior Court in New Haven County. The complaint contained four counts, the first and second of which were held insufficient on demurrer. The third count was on the covenant against incumbrances and the fourth on the covenant of warranty. To these counts the defendants filed a denial and a cross-complaint, and pleaded a set-off of sundry notes of the plaintiffs.
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Action upon the covenants in a deed of real estate; brought to the Superior Court in New Haven County. The complaint contained four counts, the first and second of which were held insufficient on demurrer. The third count was on the covenant against incumbrances and the fourth on the covenant of warranty. To these counts the defendants filed a denial and a cross-complaint, and pleaded a set-off of sundry notes of the plaintiffs. The following facts were found by the court: The defendants, on March 12th, 186T, made a contract with the treasurer of Yale College for the purchase of a tract of…
1Opinion of the Court
•Carpenter, J.
The facts of this case, stripped of immaterial matters, may be briefly stated. The defendants were the owners of some real estate which was heavily mortgaged to Yale College. They sold a portion of it, subject to the mortgage, to the plaintiff, for $12,500. It was understood that the mortgage was to be removed from that portion sold to the plaintiff, so that she was to have a clean title. The transaction however took another form. In March, 1873, the plaintiff paid $2,500 of the purchase money, received a warranty deed of the premises containing the usual covenants, and…
2Cases cited2 opinions
- Avery v. BrownSupreme Court of Connecticut · 1863
- Terill v. BeecherSupreme Court of Connecticut · 1832
3Cited by22 opinions
- Bull v. United StatesSupreme Court of the United States · 1935
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Pennsylvania R. Co. v. MillerCourt of Appeals for the Fifth Circuit · 1941
- State v. Arkansas Brick & Manufacturing Co.Supreme Court of Arkansas · 1911
- Denton v. DetweilerIdaho Supreme Court · 1929
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