Kellog v. Platt
Supreme Court of New Jersey
On demurrer to the plaintiff’s declaration. Charles Davis, on the 10th of November, 1857, sold and conveyed to one Thomas M. Newbold, a tract of land situate in the county of Union, by deed of conveyance containing the usual covenants. On the 21st of December, 1859, New-bold conveyed the same premises to Edward N. Kellog.
Read the full summary
On demurrer to the plaintiff’s declaration. Charles Davis, on the 10th of November, 1857, sold and conveyed to one Thomas M. Newbold, a tract of land situate in the county of Union, by deed of conveyance containing the usual covenants. On the 21st of December, 1859, New-bold conveyed the same premises to Edward N. Kellog. The title to a portion of the premises conveyed having failed by reason of paramount title being in one George H. Lee at the lime of the conveyance by Davis to Newbold, the plaintiff, as executor of Kellog, brought an action of covenant against the defendant as executor of…
1Opinion of the Court
Depue, J
The covenant which is sued on, is that contained in the deed of conveyance made by the said Charles Davis to Newbold. The declaration charges “that the said Davis did, in and by the said indenture, for himself, his heirs, executors, and administrators, amongst other tilings, covenant and grant to and with the said Newbold, and his heirs and assigns, that he, the said Davis, would warrant, secure, and forever defend the said land and premises, unto the said New-bold and his heirs and assigns forever, against the lawful claims and demands of all and every person and persons, freely and…
2Cases cited4 opinions
- Fowler v. PolingNew York Supreme Court · 1849
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Lansing v. Van AlstyneNew York Supreme Court · 1829
- Stone v. HookerNew York Supreme Court · 1828
3Cited by2 opinions
- Spiegle v. SeamanNew Jersey Superior Court Appellate Division · 1978
- Dillow v. MagrawCourt of Special Appeals of Maryland · 1994