Dakin v. Pomeroy
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of debt, brought by the appellees against the appellant, upon a judgment recovered by them against the latter, in the Supreme Court of Judicature of the State of New York, in Oneida county of said State, on the 12th of October, 1839, for $6,017.02, and costs. The pleas were:—1st. Nul tiel record. 2nd. Payment. 3rd.
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Appeal from Baltimore county court. This was an action of debt, brought by the appellees against the appellant, upon a judgment recovered by them against the latter, in the Supreme Court of Judicature of the State of New York, in Oneida county of said State, on the 12th of October, 1839, for $6,017.02, and costs. The pleas were:—1st. Nul tiel record. 2nd. Payment. 3rd. That the plaintiffs made a certain covenant of quiet enjoyment with one Demerritt, in respect to certain lands in New York, from which the said covenantee was evicted by a certain Rogers under a prior mortgage, and the said…
1Opinion of the CourtMagrtjder, J.
This suit was instituted in Baltimore county court, by the appellees, and there is no controversy in regard to their right of action or the amount due thereon.
The defendant below claimed a right to set off a demand, founded on a conveyance of land by the plaintiffs to one Demerritt. This conveyance contains a covenant for quiet enjoyment of the premises. It is alleged, that the same was broken, and subsequently assigned to the defendant by Demerritt. If this claim cannot, according to the laws of Maryland, be set off, then the defendant cannot complain of any error in regard thereto, which…
2Cases cited1 opinion
- Gordon v. DowneyCourt of Appeals of Maryland · 1843
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