Curtis v. Deering
Supreme Judicial Court of Maine
This was an action of covenant broken, and was submitted for the decision of the Court upon the following statement of facts, which was agreed by the parties. On the 8th of March, 1830, the defendant being seised in his; own demesne as of fee, of a certain lot of land, conveyed the the same by deed of that date to the plaintiff, in fee and in mortgage, to secure the payment of certain notes of hand, the deed containing the usual covenants of seisin and warranty.
Read the full summary
This was an action of covenant broken, and was submitted for the decision of the Court upon the following statement of facts, which was agreed by the parties. On the 8th of March, 1830, the defendant being seised in his; own demesne as of fee, of a certain lot of land, conveyed the the same by deed of that date to the plaintiff, in fee and in mortgage, to secure the payment of certain notes of hand, the deed containing the usual covenants of seisin and warranty. The plaintiff did not enter under his mortgage, nor did he put his deed upon record until October 23, 1833. On the 26th of…
1Opinion of the Court
Weston C. J.
This isa case, in which the plaintiff declares upon a general covenant of warranty, made by the defend*501ant, which is alleged to have been broken by him ; and whether this allegation is made out by the facts agreed, is the question submitted to our consideration.
It is contended that the plaintiff, having never entered into the land, could not bo evicted, and cases are cited to show, that there must bo an eviction by judgment of law' or otherwise, or a voluntary surrender by the party, -in whose favor the covenant was made, to a claim which could not be lawfully resisted, or a…
2Cited by6 opinions
- McConaughey & Co. v. Bennett's ExecutorsWest Virginia Supreme Court · 1901
- Rex v. CreelWest Virginia Supreme Court · 1883
- Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
- Elliott v. ThompsonIdaho Supreme Court · 1941
- Jenks v. QuinnNew York Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.