Guthrie v. Pugsley
New York Supreme Court
THIS was an action of covenant for a breach of the covenant °.f seisin in a'deed. The defendants, by their deed, November, 1807, conveyed to the plaintiff, in fee, a lot of land, in the town of 'Normich, in the county of Chenango.' The ? • . • - . ■ - • deed contained the usual full covenants of seism, power to sell,' 0 x . .. ccc. and warranty. - : ' The title of the defendants tó the premises so conveyed, was'' claimed under the will of' their father, who died in July,…
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THIS was an action of covenant for a breach of the covenant °.f seisin in a'deed. The defendants, by their deed, November, 1807, conveyed to the plaintiff, in fee, a lot of land, in the town of 'Normich, in the county of Chenango.' The ? • . • - . ■ - • deed contained the usual full covenants of seism, power to sell,' 0 x . .. ccc. and warranty. - : ' The title of the defendants tó the premises so conveyed, was'' claimed under the will of' their father, who died in July, 1804, soon aftef making ,his will, whicli was dated 21st July, 1804. tw° sons, the defendants, ánd four daughters. ■ The…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. There is no othe.r part of the Will that can be called in aid of .this devise, and explanatory of the intention of the testator. It is very clear, that' the devisees took only an estate for dfe.Tliey had not, consequently, an estate of inheritance,- in fee S^mples according to the covenant,in their deed. The cove*127nant has, therefore, been broken. But the defendants, as appears by thecase, are entitled, as heirs at law, to two sixths of the land conveyed by them. Their covenant is, therefore, only broken in part; and the question is, what…
2Cited by10 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Ankeny v. ClarkSupreme Court of the United States · 1893
- Messer v. OestreichWisconsin Supreme Court · 1881
- Winslow v. McCallNew York Supreme Court · 1860
- Cox's Administrators v. HenrySupreme Court of Pennsylvania · 1858
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