Williams v. Wetherbee
Supreme Court of Vermont
COVENANT BROKEN. — Samuel Wetherbee was attached, to answer unto Azarias Williams, in a plea of covenant broken, wherein the said Azarias complains, for that the said Samuel, by his certain deed in writing, signed by his hand, and sealed with his seal, by him well executed, dated the 26th day of June, A. D. 1802, and acknowledged and recorded in due form of law, for and in consideration of two hundred dollars, paid to him the said Samuel, by one Daniel Howe, of, &c. did…
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COVENANT BROKEN. — Samuel Wetherbee was attached, to answer unto Azarias Williams, in a plea of covenant broken, wherein the said Azarias complains, for that the said Samuel, by his certain deed in writing, signed by his hand, and sealed with his seal, by him well executed, dated the 26th day of June, A. D. 1802, and acknowledged and recorded in due form of law, for and in consideration of two hundred dollars, paid to him the said Samuel, by one Daniel Howe, of, &c. did give, grant, sell and convey unto him the said Daniel, his heirs and assigns, forever, a certain tract or parcel of land,…
1Opinion of the Court
The opinion of the Court was delivered by
Royce, J.
This action is brought on the covenants contained in the deed of Samuel Wetherbee, original defendant, to Daniel Howe, of which the plaintiff claims to be assignee. The first count of the declaration is upon the covenant of seizin, and the second on the covenant of warranty, and the breach of this last is assigned in the final recovery of the land by Clark, in an action of ejectment against the plaintiff. Among other defences, the defendant has pleaded in bar of the first count, that the deed of Daniel Howe to Solomon Hopkins, contained the…
2Cases cited1 opinion
- Kane v. SangerNew York Supreme Court · 1817
3Cited by9 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Fowler v. PolingNew York Supreme Court · 1849
- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Russ v. SteeleSupreme Court of Vermont · 1868
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