Legal Opinion

Fowler v. Poling

New York Supreme Court

Decided March 6, 1849PublishedCited by 25 opinions

In Eqjjity. This was an appeal, by the defendants, from a decree made by a justice of this court at a special term. The decision appealed from is reported in 2 Barbour’s Sup. Court Reports, 300, where the facts in the case are fully stated.

1Opinion of the Court

By the Court, Edmonds, J.

The claim of the defendant is presented in the answer in two aspects. 1. Either that under covenants running with the land and the agreement of Mrs. Ellsworth as set up in the answer, he is entitled to what he has paid for obtaining releases, for the costs of the partition suit, and the value of the four lots set off in that suit; or 2. That under the covenants he is entitled to be repaid one-sixth of the consideration money expressed in Mrs. Ellsworth’s deed to Bouton.

There is no doubt that the covenants of warranty, and for quiet enjoyment, enured to the benefit of…

2Cases cited10 opinions

  1. Whitbeck v. CookNew York Supreme Court · 1818
  2. Webb v. AlexanderNew York Supreme Court · 1831
  3. Booker's administrator v. Bell's executorsCourt of Appeals of Kentucky · 1813
  4. Paul v. WitmanSupreme Court of Pennsylvania · 1842
  5. Emerson v. Proprietors of a Tract of Land in MinotMassachusetts Supreme Judicial Court · 1805

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3Cited by25 opinions

  1. Burton v. ReedsIndiana Supreme Court · 1863
  2. Funk v. CreswellSupreme Court of Iowa · 1857
  3. McConaughey & Co. v. Bennett's ExecutorsWest Virginia Supreme Court · 1901
  4. Rex v. CreelWest Virginia Supreme Court · 1883
  5. Shattuck v. . LambNew York Court of Appeals · 1875

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