Shattuck v. . Lamb
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendant, entered upon an order denying a motion for judgment upon a verdict rendered for the plaintiff at the Circuit, subject to the opinion of the court at General Term, and directing judgment for defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendant, entered upon an order denying a motion for judgment upon a verdict rendered for the plaintiff at the Circuit, subject to the opinion of the court at General Term, and directing judgment for defendant. This action was brought to recover damages for an alleged breach of the covenant of warranty of quiet enjoyment in a deed made by the defendant to the plaintiff for a lot of land described as containing twenty acres, situate in Tates county. The covenant was in the following…
1Opinion of the Court
Earl,, C.
The action was to recover damages for an alleged breach of the usual covenant of warranty for quiet enjoyment contained in a deed, made by defendant to plaintiff, of land situate in Tates county. At the time of the execution of the deed, a portion of the land was in the actual possession, of one Campbell, under paramount title, and the plaintiff was not able to obtain possession of such part. He once entered upon the land and Campbell sued him for trespass and recovered on the strength of his title. During the pendency of that suit, plaintiff sued Campbell in ejectment and was…
2Cases cited11 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Clark v. Estate of ConroeSupreme Court of Vermont · 1866
- Fowler v. PolingNew York Supreme Court · 1849
- Small v. ReevesIndiana Supreme Court · 1860
- Moore v. VailIllinois Supreme Court · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Scriver v. . SmithNew York Court of Appeals · 1885
- Hayden v. PattersonSupreme Court of Colorado · 1906
- Abbott v. RowanSupreme Court of Arkansas · 1878
- Resser v. CarneySupreme Court of Minnesota · 1893
- Ogden v. BallSupreme Court of Minnesota · 1889
15 more not listed; retrieve them via the Exa API.