Mitchell v. Hazen
Supreme Court of Connecticut
This was an action on the covenants of seisin and of good right to convey in a deed, alleged to have been executed by the defendant, “by the name and description of Elijah Hazen, administrator of the estate of David Mitchell, late of Washington, deceased.”
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This was an action on the covenants of seisin and of good right to convey in a deed, alleged to have been executed by the defendant, “by the name and description of Elijah Hazen, administrator of the estate of David Mitchell, late of Washington, deceased.” The cause was tried, on a general plea of performance, at Litchfield, August term, 1822. before Brainard, J. The plaintiff produced and read in evidence the deed mentioned in the declaration; the material parts of which were as follows: “Know ye, that I, Elijah Hazen, of Washington, administrator on the estate of David Mitchell, late of…
1Opinion of the Court
Hosmer, Ch. J.
In this case, there are four questions presented for determination. 1. Whether the defendant’s covenant was broken. 2. Whether the defendant bound himself, by his covenants, personally. 3. Whether the deeds and distributions, rejected by the court below, were admissible. And 4. Whether the rule of damages was correctly stated.
1. Was the defendant’s covenant broken?
Covenants are to be construed, so as to have effect, and correspond with the intention of the parties, at the time of making them. In their creation, technical words are not necessary; nor indeed are any expressions in…
2Cases cited9 opinions
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- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
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- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
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