Atwater v. Perkins
Supreme Court of Connecticut
Action for damages for a breach of covenant in a deed against incumbrances; brought to the City Court of the city of Waterbury and, by appeal of the defendant, to the Superior Court. The case was tried to the court and the following facts found. On the first day of April, 1875, the defendant conveyed to the plaintiff by deed of warranty in the usual form, the premises described in the complaint.
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Action for damages for a breach of covenant in a deed against incumbrances; brought to the City Court of the city of Waterbury and, by appeal of the defendant, to the Superior Court. The case was tried to the court and the following facts found. On the first day of April, 1875, the defendant conveyed to the plaintiff by deed of warranty in the usual form, the premises described in the complaint. Upon these premises there was an underground sewer, which John J. Jacques, the owner of adjoining premises, claimed the right to maintain, which was well known to the plaintiff at the time of said…
1Opinion of the CourtPark, C. J.
This case grows out of the first clause of the will of J. M. L. Scovill, which is as MIoavs: “I hereby constitute and appoint John Buckingham of said Waterbury to be sole executor of this my last will, directing my executor to pay all my just debts and funeral expenses out of my estate; and I hereby give full power and authority to' my executor, according to the best of his judgment, for the benefit of my estate, at any time during the settlement of my estate, to sell or to exchange for other property any part of my estate, real, personal or mixed, at such time or times, upon such terms and…
2Cases cited2 opinions
- Mansfield v. MansfieldSupreme Court of Connecticut · 1827
- Bull v. BullSupreme Court of Connecticut · 1809