Russ v. Steele
Supreme Court of Vermont
This was an action for a breach of covenant. The declaration counted upon the covenants in a deed from the defendant to one Ephraim Littlefield, dated March 3d, 1851, and alleges subsequent conveyances of the premises by Littlefield to Baxter, February 8th, 1856; by Baxter to the plaintiff, March 13th, 1856; and by the plaintiff to Lucius Tyler, November 11th, 1856 ; that at the time of making each of said deeds, said premises were encumbered by a way, and right of way, in…
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This was an action for a breach of covenant. The declaration counted upon the covenants in a deed from the defendant to one Ephraim Littlefield, dated March 3d, 1851, and alleges subsequent conveyances of the premises by Littlefield to Baxter, February 8th, 1856; by Baxter to the plaintiff, March 13th, 1856; and by the plaintiff to Lucius Tyler, November 11th, 1856 ; that at the time of making each of said deeds, said premises were encumbered by a way, and right of way, in one William Steele ; that said Tyler, in attempting to assert and defend his rights to a full, quiet and peaceable…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
This ease comes into this court upon demurrer to the plaintiff’s declaration, which, with formal averments, alleges an outstanding right of way over the premises of the plaintiff. The plaintiff claims that this outstanding right of way constitutes a breach of the covenant of warranty contained in the deed from the defendant to Littlefield, whose title the plaintiff acquired by virtue of certain intermediate conveyances as set forth in his declaration. The right of way is in William Steele, and used by him in passing to and from premises owned…
2Cases cited2 opinions
- Clark v. Estate of ConroeSupreme Court of Vermont · 1866
- Williams v. WetherbeeSupreme Court of Vermont · 1826
3Cited by12 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Fritz v. PuseySupreme Court of Minnesota · 1884
- McConaughey & Co. v. Bennett's ExecutorsWest Virginia Supreme Court · 1901
- Rex v. CreelWest Virginia Supreme Court · 1883
- Rea v. MinklerNew York Supreme Court · 1871
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