Suydam v. Jones
New York Supreme Court
Action on covenants of warranty and quiet enjoyment. The plaintiff declared on the breach of the covenants of warranty and for quiet enjoyment contained in a deed of a house and lot situate in the city of New-York, executed by the defendant to one C. D. Sandford, bearing date 1st February, 1824, which premises were subsequently, to wit, on the 2d February, 1827, conveyed by Sandford to the plaintiff.
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Action on covenants of warranty and quiet enjoyment. The plaintiff declared on the breach of the covenants of warranty and for quiet enjoyment contained in a deed of a house and lot situate in the city of New-York, executed by the defendant to one C. D. Sandford, bearing date 1st February, 1824, which premises were subsequently, to wit, on the 2d February, 1827, conveyed by Sandford to the plaintiff. The consideration expressed in the deed from the defendant to Sandford was $2500. The plaintiff averred that by virtue of the deed from Sandford to him, he entered into possession of the…
1Opinion of the Court
By the Court,
Sutherland, J.
The doctrine that a covenant of warranty runs with the land and enures to the benefit of the assignee of the covenantee, who may bring an action for the breach of it in his own name against the original covenantor, is not questioned or denied. The only doubt upon this point which was ever entertained in this court was, whether, when a covenantee conveys with warranty, his grantee, upon eviction, could sue the original warrantor, or whether his remedy was confined to his immediate covenant *184of indemnity. The latter opinion was expressed in Kane v. Banger, 14 Johns. R.…
2Cited by23 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Allen v. JaquishNew York Supreme Court · 1839
- Smith v. LewisSupreme Court of Connecticut · 1856
- Lydick v. B. & O. R. R.West Virginia Supreme Court · 1880
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