Jackson ex dem. Montresor v. Rice
New York Supreme Court
This was an action of ejectment, tried at the Washington . . . u , TT —. _ 0 circuit, in J une, 1828, before the Hon. Esek Cowen, one of tJje circuit judges, . . The plaintiff shewed title in John Montresor to a lot of ^an<^ the premises in question, under a deed of partition between the original patentees of the artillery patent, sit-uate in the county of Washington, bearing date in 1765. jje then offered in evidence a deposition of Seth Hunt, 1 a resident ot the state ot…
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This was an action of ejectment, tried at the Washington . . . u , TT —. _ 0 circuit, in J une, 1828, before the Hon. Esek Cowen, one of tJje circuit judges, . . The plaintiff shewed title in John Montresor to a lot of ^an<^ the premises in question, under a deed of partition between the original patentees of the artillery patent, sit-uate in the county of Washington, bearing date in 1765. jje then offered in evidence a deposition of Seth Hunt, 1 a resident ot the state ot Alabama, taken ae bene esse on ¿ue notjce; ¡t being admitted that at the time of the trial he was in Alabama. In this…
1Opinion of the Court
By the Court,
Savage, Ch. -J.
It is objected to the competency of Seth Hunt to testify as a witness in this cause, that he he is interested, having conveyed the premises in question to Hussey, through whom the lessors of the the plaintiff derive title, with a covenant of warranty. The warranty is against all persons claiming under himself or Hontresor, to whom the lot in question was conveyed on a partition among the original proprietors. This covenant was intended to protect Hussey against any claims under an older or better title than Hunt had conveyed. In the suit for the recovery of the…
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