Legal Opinion

Day v. Adams

Supreme Court of Vermont

Decided November 15, 1869PublishedCited by 23 opinions

This was an action of covenant broken. Plea that the defendant had not broken his covenants, or either of them, but has kept the same. ' Trial by court, December term, 1865, Orleans county, Wilson, J. presiding.

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This was an action of covenant broken. Plea that the defendant had not broken his covenants, or either of them, but has kept the same. ' Trial by court, December term, 1865, Orleans county, Wilson, J. presiding. The plaintiff presented, in evidence, a deed from the defendant, as administrator on the estate of Amos T. Norris, to the plaintiff, dated March 13, 1862. Also a quit-claim deed from Amos T. Norris and Amos T. Norris, Jr., to Phineas Page, dated January' 20, 1858. The last named deed has but one witness, and for that reason the defendant objected to it, and the court admitted the…

1Opinion of the Court

*513The opinion of the court was delivered by

Peck, J.

The covenant'for the breach, of which the plaintiff seeks to recover, is contained in a deed of a parcel of land called the grammar-school lot, from the defendant as administrator of Amos T. Norris to the plaintiff, dated March 13, 1862. The covenant counted upon is that the defendant would warrant and defend the premises against all persons claiming the same by, from or under the said Amos T. Norris or the defendant. The breach alleged is that the defendant has not warranted and defended the premises, “ for that one Pirineas Page had good and…

2Cited by23 opinions

  1. In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
  2. Morrill v. MorrillSupreme Court of Vermont · 1880
  3. West v. McMullenSupreme Court of Missouri · 1892
  4. Johnson v. JohnsonSupreme Court of Missouri · 1902
  5. Martin v. HarringtonSupreme Court of Vermont · 1901

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