Allen v. Little
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Rice, J., presiding. Covenant broken. Writ dated in 1851. The defendant’s testator, in 1837, conveyed land by deed jointly to Allen, Brown and Raclkley, with covenants of seizin, against incumbrances and for quiet enjoyment.
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On Exceptions from Nisi Prius, Rice, J., presiding. Covenant broken. Writ dated in 1851. The defendant’s testator, in 1837, conveyed land by deed jointly to Allen, Brown and Raclkley, with covenants of seizin, against incumbrances and for quiet enjoyment. The plaintiffs introduced evidence tending to show that, prior to the giving of that deed, an earlier proprietor of the land had granted a right to flow the land by means of á mill-dam ; and that under such grant a stone dam was erected in the fall of 1841, by which the land was flowed and damaged, which is the eviction for which this suit…
1Opinion of the Court
Howard, J. —
General covenants of warranty, in a deed of lands, are prospective, and run with, the estate; and consequently, vest in assignees and descend to heirs. But covenants of seizin, and those against incumbrances, are personal covenants in preesenti, which do not run with the land, and are not assignable by the general law. Yet, by the statute law of this State, they pass to the assignee of the grantee, and he may maintain an action for their breach, in his own name, against the grantor, provided he will release the grantee from his covenants. Stat. of 1835, c. 183; R. S. c. 115, § §…
2Cases cited2 opinions
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