Geiszler v. . De Graaf
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Movember 17, 1899, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court, and granting a new trial. The nature of the action and the facts, so, far as material, are stated in the opinion. Covenants against incumbrances run with the land. (Clarke v. Priest, 18 Misc. Rep. 501; 21 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Movember 17, 1899, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court, and granting a new trial. The nature of the action and the facts, so, far as material, are stated in the opinion. Covenants against incumbrances run with the land. (Clarke v. Priest, 18 Misc. Rep. 501; 21 App. Div. 174; Coleman v. Bresnaham, 54 Hun, 619 ; Boyd v. Belmont, 58 How. Pr. 513; Ernst v. Parsons, 54 How. Pr. 163; Andrews v. Appel, 22 Hun, 429 ; Colby v. Osgood, 29…
1Opinion of the CourtO’Brien, J.
The plaintiff is the remote grantee of lands which the defendants’ testator owned on the 29th day of January, 1892, and on that day conveyed to one Knabe by deed with full covenants. At the time of this conveyance the lands were incumbered by a local assessment amounting to $224.41, with interest. On the 12th day of March, 1892, Knabe conveyed the lands to one Breirly, expressly subject to the assessment, and on the 2d day of October, 1893, the latter conveyed to the plaintiff with a covenant against incumbrances. On the 23d day of October, 1896, the plaintiff was obliged to and did pay the…
2Cases cited13 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Delavergne v. NorrisNew York Supreme Court · 1811
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Mygatt v. . CoeNew York Court of Appeals · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Arnold v. JoinesSupreme Court of Oklahoma · 1915
- Morehouse v. . WoodruffNew York Court of Appeals · 1916
- Parker v. BeasleyNew Mexico Supreme Court · 1936
- Prendergast v. SwiencickyAppellate Division of the Supreme Court of the State of New York · 2020
- Brinton v. JohnsonIdaho Supreme Court · 1922
14 more not listed; retrieve them via the Exa API.