Armstrong v. Wing
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. Hopestill, Solomon, Farrand S., David M., Morrey W. and Charles H. Armstrong were the owners, as tenants in common, of a certain farm. Hopestill, Solomon and Farrand S. contracted, by parol, to convey their undivided half for $1,000 to Morrey W., David M. and Charles H., the vendees entering into possession.
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Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. Hopestill, Solomon, Farrand S., David M., Morrey W. and Charles H. Armstrong were the owners, as tenants in common, of a certain farm. Hopestill, Solomon and Farrand S. contracted, by parol, to convey their undivided half for $1,000 to Morrey W., David M. and Charles H., the vendees entering into possession. A joint deed was drafted for the three vendors and their wives to execute, which contained the following covenant: “And the said Farrand S., Hopestill and Solomon Armstrong…
1Opinion of the Court
Boardman, J.:
The plaintiffs and the father of the defendant united, in 1859, in a deed of lands, with a joint covenant of warranty. The mother of defendant did not join in such deed. Upon the death of defendant’s father, her mother brought an action and recovered her dower in the premises conveyed. An action was thereafter brought by the grantees in said deed against the plaintiffs in this action and they recovered of them, as survivors, the damages arising from such breach of the covenant of warranty. The defendant had notice of each of said actions and was requested to protect the interests…
2Cases cited4 opinions
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Wambaugh v. GatesNew York Court of Chancery · 1845
- Stuart v. KissamNew York Supreme Court · 1851
- Mersereau v. . RyerssNew York Court of Appeals · 1850