Runnells v. Webber
Supreme Judicial Court of Maine
ON REPORT. COVENANT BROKEN to recover damages for a breach of a covenant against incumbrances. The defendant executed and delivered his deed of warranty to the plaintiff, Nov. 18, 1865, when one Mary A. Webber was the lawful wife of the defendant, but did not release her right of dower in the premises ‘conveyed by the deed.
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ON REPORT. COVENANT BROKEN to recover damages for a breach of a covenant against incumbrances. The defendant executed and delivered his deed of warranty to the plaintiff, Nov. 18, 1865, when one Mary A. Webber was the lawful wife of the defendant, but did not release her right of dower in the premises ‘conveyed by the deed. At the October term, A. d. 1868, of the supreme judicial court, in and for this county, Mrs. Webber, oil her petition and for his fault, obtained a decree of divorce from the bonds of matrimony which existed between her and the defendant. Subsequently, but before the…
1Opinion of the CourtKent, J.
This is an action to recover damages for a breach of a covenant against incumbrances. The incumbrance is a right to have dower assigned, existing in the divorced wife of the cove-nantor. It is admitted that she has such right. It is also admitted that the grantee, the plaintiff, entered into possession under his> deed, and that he has not been disturbed by the wife, who has demanded dower, but has taken no other steps to enforce her right.
*490It is not denied that this right is an incumbrance, and that the plaintiff is entitled to recover nominal damages. The only question submitted to us is,…
2Cases cited1 opinion
- Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- Lavey v. GraessleMichigan Supreme Court · 1929
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Dionne v. LeClercSupreme Judicial Court of Maine · 2006
- Williams v. HewittWashington Supreme Court · 1910
- Porter v. RidgeMichigan Supreme Court · 1945
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