Douglass v. Lewis
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. The case, as stated by the court in its opinion, was as follows: Douglass brought his action in the District Court of the Second Judicial District of the Territory of. New Mexico, September 11, 1883, for the breach of an alleged covenant of seisin in a deed made by Lewis and his wife to him, purporting to-.convey the title to one hundred and sixty acres of land.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. The case, as stated by the court in its opinion, was as follows: Douglass brought his action in the District Court of the Second Judicial District of the Territory of. New Mexico, September 11, 1883, for the breach of an alleged covenant of seisin in a deed made by Lewis and his wife to him, purporting to-.convey the title to one hundred and sixty acres of land. The petition averred that the defendants, by their deed of May 13, 1882, “-did convey 'and warrant to the plaintiff, his heirs and assigns, in fee simple, certain real…
1Opinion of the CourtChief Justice Fuller
Assuming that defendants in error failed to sustain their plea that they “ were lawfully seized of an indefeasible estate, and in possession of a title in fee simple in and to ■ the said real property, and then had good right and full power to convey the same,” counsel for plaintiff in error state their position “ in the following propositions: 1. The covenant of warranty which is found written in the deed does not exclude the statutory covenants; these latter must be considered as express covenants, having the same effect as though written out in full in the instrument of conveyance. 2. The…
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