Catlin v. Hurlburt
Supreme Court of Vermont
This was an action of covenant, brought upon the covenants in a deed given by the defendant and one Benjamin Boardman to the plaintiff The words of the covenant declared upon were, that Hurlburt and Boardman, at the time, Src., were Well ... J seized of the'premises in fee simple, and had good right to barSa^n and seM same, he. The defendant pleaded, 1st. That anc* Botirdman were well seized, &c. 2d. That the defendant alone was well seized, fee.
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This was an action of covenant, brought upon the covenants in a deed given by the defendant and one Benjamin Boardman to the plaintiff The words of the covenant declared upon were, that Hurlburt and Boardman, at the time, Src., were Well ... J seized of the'premises in fee simple, and had good right to barSa^n and seM same, he. The defendant pleaded, 1st. That anc* Botirdman were well seized, &c. 2d. That the defendant alone was well seized, fee. The issues were joined to the jury. The defendant showed a deed of warranty from the plaintiff to one Lynde Catlin of the same premises. The…
1Opinion of the Court
Hutchinson, C. J.,
after stating; the case, pronounced the opinion of the Court. — The defendant’s counsel object, that the plaintiff has no right of action, upon the facts, which appear in the exceptions. The issue being taken on the alleged breach of the covenant of seizin, and found for the plaintiff, that establishes the plaintiff’s right to recover something if the instructions to the jury were correct. That breach existed at the date of the deed from the defendant and Boardmanto the plaintiff; and the plaintiff’s right of action for that breach could not be assigned to Lynde Catiin, so…
2Cited by8 opinions
- Mills v. CatlinSupreme Court of Vermont · 1849
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Tillotson v. PrichardSupreme Court of Vermont · 1887
- Parker v. BrownSuperior Court of New Hampshire · 1844
- Saulters v. Town of VictorySupreme Court of Vermont · 1862
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