Norcross v. Widgery
Massachusetts Supreme Judicial Court
Covenant broken upon a deed of bargain and sale, dated October 2, 1799, whereby the defendant conveyed to the plaintiff’s testator, in fee simple, 105 acres of land in Readjielcl, — with covenants that he was lawfully seised in fee of the premises; that they were free and clear of all encumbrances ; that he had good right to sell and convey the same in manner aforesaid; and that he should warrant, &.c.
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Covenant broken upon a deed of bargain and sale, dated October 2, 1799, whereby the defendant conveyed to the plaintiff’s testator, in fee simple, 105 acres of land in Readjielcl, — with covenants that he was lawfully seised in fee of the premises; that they were free and clear of all encumbrances ; that he had good right to sell and convey the same in manner aforesaid; and that he should warrant, &.c. The breaches alleged are, that the defendant had no right to sell and convey the premises in manner aforesaid, and that they were not free of all encumbrances. The defendant pleads in bar that,…
1Opinion of the Court
The facts reported by the judge, as proved at the trial, suffi cieutly appear in the following opinion of the Court, which was delivered by
Parsons, C. J.
The motion is to set aside the verdict, because it was given against evidence and the direction of the Court in a matter of law.
From the judge’s report it appears that, in 1791, John Hankerson was seised in fee of the premises; that he was in the actual possession of the same in that and the two succeeding years, living in a house which he had erected thereon; that, on the 12th day of October, 1792, he mortgaged the premises in fee to Mary…
2Cases cited12 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1807
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Killam v. MarchMassachusetts Supreme Judicial Court · 1944
- Rupert v. MarkIllinois Supreme Court · 1854
- Davis v. BluntMassachusetts Supreme Judicial Court · 1810
- Hamilton v. FowlkesSupreme Court of Arkansas · 1855
14 more not listed; retrieve them via the Exa API.