Cassada v. Stabel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Miles T. Cassada, from a judgment of the Supreme Court in favor of the defendant Ludwig Stabel, entered in the office of the clerk of the county of Chemung on the 2d day of November, 1903, upon the decision of the court, rendered after a trial at the Chemung Special Term, dismissing the plaintiff’s complaint upon the merits.
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Appeal by the plaintiff, Miles T. Cassada, from a judgment of the Supreme Court in favor of the defendant Ludwig Stabel, entered in the office of the clerk of the county of Chemung on the 2d day of November, 1903, upon the decision of the court, rendered after a trial at the Chemung Special Term, dismissing the plaintiff’s complaint upon the merits. On the 22d day of November, 1899, the plaintiff in consideration of $500 sold and conveyed to the defendant Ludwig Stabel a house and lot by a deed which included a covenant for quiet and peaceable possession. Said defendant paid $50 on account of…
1Opinion of the Court
Chase, J.:
By section 218 of the Beal Property Law (Laws of 1896, chap. 547) it is provided :
“ In grants of freehold interests in real property, the following or similar covenants must be construed as follows :
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“ 2. Quiet enjoyment.— A covenant that the grantee ‘ shall quietly enjoy the said premises,’ must be construed as meaning that such grantee, his heirs, successors and assigns, shall and may, at all times thereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the said premises, and every part and parcel thereof, with the appurtenances, without any let,…
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