Bigelow v. Jones
Massachusetts Supreme Judicial Court
This was an action of covenant broken, founded on a deed of conveyance made by the defendant’s intestate to the plaintiff, bearing date March 24, 1802. The parties submitted the cause to the opinion of the Court, without argument, on a statement of facts, whereby it was agreed that the said intestate made the deed declared on, by which he conveyed the land therein described to the plaintiff in fee simple, with covenants that he was seised in fee of the premises; that they…
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This was an action of covenant broken, founded on a deed of conveyance made by the defendant’s intestate to the plaintiff, bearing date March 24, 1802. The parties submitted the cause to the opinion of the Court, without argument, on a statement of facts, whereby it was agreed that the said intestate made the deed declared on, by which he conveyed the land therein described to the plaintiff in fee simple, with covenants that he was seised in fee of the premises; that they were free of all encumbrances [ *513 ] and that he would warrant * and defend the same to the plaintiff, and his heirs and…
1Opinion of the CourtParsons, C. J.
The several questions arising on these facts have been already decided by the Court in the cases of Gore vs. Brazier, (ante vol. iii. 523,) and Wyman vs. Brigden, (ante, 150,) and the plaintiff must have judgment, unless we should overturn those decisions, which were made on covenants of warranty in the conveyances of lands executed by the same devisee, under the same will of the late Lieutenant-Governor Gill, and which had been broken by the eviction of the grantees, to satisfy the demands of the same judgment creditor.
We have decided that the lands of the testator are liable to be levied…
2Cited by9 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Fowler v. PolingNew York Supreme Court · 1849
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1807
- Smith v. SterrittSupreme Court of Missouri · 1857
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