Kennison v. Taylor
Superior Court of New Hampshire
Covenant. The deed contained the following covenants : “And I, James T. Taylor, my heirs, executors and administrators, do hereby covenant, grant and agree, to and with the said Solomon Kennison, his heirs and assigns, that, until the delivery hereof, I am the lawful owner of the said granted premises, seized and possessed thereof in my own right in fee simple, and have full power and lawful authority to grant and convey the same in manner aforesaid ; that the said premises…
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Covenant. The deed contained the following covenants : “And I, James T. Taylor, my heirs, executors and administrators, do hereby covenant, grant and agree, to and with the said Solomon Kennison, his heirs and assigns, that, until the delivery hereof, I am the lawful owner of the said granted premises, seized and possessed thereof in my own right in fee simple, and have full power and lawful authority to grant and convey the same in manner aforesaid ; that the said premises are free and clear of every incumbrance whatever, and I and my heirs, executors and administrators, shall and will…
1Opinion of the CourtGilchrist, J.
The covenant of warranty in the deed is limited to the acts of parties claiming under the grantor, but the action may be maintained upon the other covenants.
For the breach of these, the plaintiff is entitled to *222recover the price of the land, whieh he bas paid, bis expenses in defending tbe action upon which be was evicted, including counsel fees among those necessary expenses, and a reasonable remuneration for bis personal pains and trouble in tbe matter. Loomis v. Redel, 11 N. H. Rep. 74; Haynes v. Stevens, 11 N. H. Rep. 28; Moody v. Leavitt, 2 N. H. Rep. 174.
But any measures that be bas…
2Cases cited3 opinions
- Loomis v. BedelSuperior Court of New Hampshire · 1840
- Haynes v. StevensSuperior Court of New Hampshire · 1840
- Moody v. LeavittSuperior Court of New Hampshire · 1820
3Cited by1 opinion
- Coco v. JaskunasSupreme Court of New Hampshire · 2009