Caulkins v. Harris
New York Supreme Court
THIS was an action of covenant, brought on a covenant contained in a deed from the defendant to the testator, dated the 20th August, 1796, by which the defendant, for the consideration of 500 dollars, conveyed part of a lot of land, No. 63. in Aurelius, to testator, and covenanted that, at the date of the deed, he was lawfully seised in his own right, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee-simple, in the premises &c. and had good…
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THIS was an action of covenant, brought on a covenant contained in a deed from the defendant to the testator, dated the 20th August, 1796, by which the defendant, for the consideration of 500 dollars, conveyed part of a lot of land, No. 63. in Aurelius, to testator, and covenanted that, at the date of the deed, he was lawfully seised in his own right, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee-simple, in the premises &c. and had good right, &c. to convey, See. The plaintiffs in their declaration assigned breaches of the covenant. The defendant pleaded…
1Per curiam
The plaintiffs in this case are entitled io the 500 dollars, with six years’ interest thereon, and no more. This case comes within the rule settled in that of Staats v. The Executors of Ten Eyck; (3 Caines’ Rep. 111.) for the premises appear to have been actually enjoyed, and the mesne profits taken, by the grantee and his heirs. The judgment must, therefore, be for 710 dollars, and the costs.
Judgment accordingly.
2Cited by11 opinions
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- Messer v. OestreichWisconsin Supreme Court · 1881
- Dalton v. BowkerNevada Supreme Court · 1873
- Noonan v. IlsleyWisconsin Supreme Court · 1866
- Cox's Administrators v. HenrySupreme Court of Pennsylvania · 1858
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