Kelsey v. Remer
Supreme Court of Connecticut
Covenant, for tlie breach of a covenant in a deed against incumbrances; brought to the Court of Common Pleas of New Haven County. The following facts were found by the court. The premises in question, known as the Savin Rock property, were on the 16th of September, 1870, owned by J. H. Dawe, T. H. Dawe and Thomas Scott, partners under the name of J. H. & T. H. Dawe & Co., who continued to own the same until the 15th of May, 1871, when they conveyed them to the defendant.
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Covenant, for tlie breach of a covenant in a deed against incumbrances; brought to the Court of Common Pleas of New Haven County. The following facts were found by the court. The premises in question, known as the Savin Rock property, were on the 16th of September, 1870, owned by J. H. Dawe, T. H. Dawe and Thomas Scott, partners under the name of J. H. & T. H. Dawe & Co., who continued to own the same until the 15th of May, 1871, when they conveyed them to the defendant. On the 19th of May, 1871, the defendant conveyed the promises to tlio plaintiff, by a warranty deed, with a covenant…
1Opinion of the CourtPark, C. J.
The defendant contends that an attachment of real estate creates no incumbrance upon'the land, within the meaning of the covenant against incumbrances, until judgment has been rendered in favor of the attaching creditor, and the land has been set off on execution to satisfy the judgment. This claim is based upon the uncertainty which exists in such cases, whether the attachment will ever be followed by the levy of an execution upon the land. But there is no more uncertainty in such cases in this respect than in many cases of mortgages, whether the property will be eventually *137foreclosed and…
2Cases cited1 opinion
- Johnson v. CollinsMassachusetts Supreme Judicial Court · 1874
3Cited by16 opinions
- Aczas v. Stuart Heights, Inc.Supreme Court of Connecticut · 1966
- Shuck v. QuackenbushSupreme Court of Colorado · 1924
- Mathews v. ConverseSupreme Court of Connecticut · 1910
- Reed v. StevensSupreme Court of Connecticut · 1919
- Schuster v. JohnsonSupreme Court of Connecticut · 1927
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