Woolley v. . Newcombe
New York Court of Appeals
Appeal from judgment of the General Term, of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made at the January Term, 1880, which affirmed a judgment entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the facts .are set forth in the opinion. The law declares that the covenant of seizin, if broken, is broken the moment it is made. (Bac. Abr., tit.
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Appeal from judgment of the General Term, of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made at the January Term, 1880, which affirmed a judgment entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the facts .are set forth in the opinion. The law declares that the covenant of seizin, if broken, is broken the moment it is made. (Bac. Abr., tit. Covenant, H, p. 594, B, 595; Greenby v. Willcocks, 2 Johns. 5; Hamilton v. Wilson, 4 id. 71; McCarty v. Leggett, 3 Hill, 134; Coit v. Reynolds, 2 Robt. 658;…
1Opinion of the CourtRapallo, J.
The complaint avers a conveyance by the defendant to the plaintiff, for a valuable consideration, of certain land in fee, by a deed containing a covenant that the grantor at the time of the delivery of the deed was seized in his own right, of a good, absolute and indefeasible estate of inheritance in fee-simple in the premises and good right, etc., to convey the same, and assigns as a breach that at the time, etc., the defendant was not the true owner, nor was he seized, etc., negativing the words of the covenant. The answer admits the execution of the deed and covenant, and denies all the…
2Cases cited7 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Sedgwick v. HollenbackNew York Supreme Court · 1811
- Ingalls v. EatonMichigan Supreme Court · 1872
- Abbott v. AllenNew York Supreme Court · 1817
- Schofield v. Iowa Homestead Co.Supreme Court of Iowa · 1871
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3Cited by19 opinions
- Trimboli v. . KinkelNew York Court of Appeals · 1919
- Eames v. Armstrong.Supreme Court of North Carolina · 1906
- Koch v. EllwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Wine v. WoodsIndiana Supreme Court · 1902
- Stearn v. HesdorferNew York Court of Common Pleas · 1894
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