Mitchell v. Warner
Supreme Court of Connecticut
This was an action on the covenants of warranty in a deed of land. The plaintiff declared, that the defendant, Curtis Warner, on the 39th of May, 1817, for the consideration of 1500 dollars, by his deed duly executed, granted and sold to George, Welton a certain piece of land in said deed described as lying in Roxbury, on Jack’s brook, containing two acres, with a dwelling-house, clothier's works, &c. standing thereon, bounded South on Roswell Warner’s land, &c.; that in and…
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This was an action on the covenants of warranty in a deed of land. The plaintiff declared, that the defendant, Curtis Warner, on the 39th of May, 1817, for the consideration of 1500 dollars, by his deed duly executed, granted and sold to George, Welton a certain piece of land in said deed described as lying in Roxbury, on Jack’s brook, containing two acres, with a dwelling-house, clothier's works, &c. standing thereon, bounded South on Roswell Warner’s land, &c.; that in and by said deed, the defendant did, for himself, his heirs, executors and administrators, covenant with said Welton, his…
1Opinion of the Court
Hosmer, Ch. J.
The case made by this motion, presents two questions far determination.
The first is, whether the plaintiff, claiming to be the assignee of the covenant of seisin, can maintain an action on that covenant.
This covenant, from its nature, is broken instantaneously on the delivery of the deed, or it is never broken. It runs in the words of the present tense, and asserts, that the grantor is well seised. Now, if he is well seised according to his covenant, the agreement is fulfilled ; and if he is not well seised, the covenant is false, and immediately broken. It follows from this,…
2Cases cited13 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Booth v. StarrSupreme Court of Connecticut · 1814
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3Cited by54 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Allen v. CulverNew York Supreme Court · 1846
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Continental Insurance v. VanlueIndiana Supreme Court · 1891
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