Havens v. Howell

Action for breach of a covenant of seizin in a certain deed of January 1, 1931, made by the defendants to the plaintiff. An action for a breach of a covenant of seizin is available only to one who has received a deed to a parcel the title to which is in a third party and still continues in a third party at the time the action *807is brought for damages consequent upon the breach of covenant of seizin. (Fitch v. Baldwin, 17 Johns. 161.) While a breach of a covenant of seizin occurs at the time the deed containing it is delivered, if title be not in the grantor, the damages therefor become nominal…