Garfield v. Williams
Supreme Court of Vermont
This was an action of covenant, founded on a deed dated July 4th, 1807, by which the defendant conveyed to the plaintiff certain lands in Concord, and covenanted, amongst other things, that he was seized of an indefeasible estate in fee simple. At the county court a verdict was taken for the plaintiff by agreement of parties, and the cause was removed to this court on a case stated and agreed to by them.
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This was an action of covenant, founded on a deed dated July 4th, 1807, by which the defendant conveyed to the plaintiff certain lands in Concord, and covenanted, amongst other things, that he was seized of an indefeasible estate in fee simple. At the county court a verdict was taken for the plaintiff by agreement of parties, and the cause was removed to this court on a case stated and agreed to by them. It appears by the case, that before the date of the deed, to wit, in May, 1806, the defendant claimed title to the land, and the plaintiff, supposing defendant to be the real own•er, applied…
1Opinion of the Court
After argument, the opinion of the Court was pronounced by
Prentiss, J.
Notwithstanding the recent decision in Kingdon vs. Nottle, 4 Maule & Selw. 53, a covenant of seizin is a per-*328S0na^ covenant which does not run with the land, or pass to the as-' signee, like the covenant of warranty. If the covenant of seizin is not true, there is a breach of it, entire and complete, as soon as deed is executed, and it becomes a chose in action, which is not assignable. This is the doctrine of the common law; and the decision in the case referred to, which recognizes the right of the assignee to sue upon…
2Cases cited1 opinion
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
3Cited by8 opinions
- Lawrence v. MontgomeryCalifornia Supreme Court · 1869
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Noonan v. IlsleyWisconsin Supreme Court · 1866
- Richardson v. DorrSupreme Court of Vermont · 1833
- Scoffins v. GrandstaffSupreme Court of Kansas · 1874
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