Green v. Collins
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. In April, 1873, the defendant sold and conveyed to the plaintiff certain real estate in the city of Troy, consisting of a dwelling-house and lot, for the sum of $10,500, “with the appurtenances,” the deed whereof contained the following covenant: “And the said William Collins doth hereby covenant and agree to and with the said party of the second part, her heirs and assigns, that the…
1DissentLearned, P. J.
The rights of the parties are in no way affected by the words “ with the appurtenances” contained in the deed executed by the defendant to' plaintiff. Without those words the deed would convey the appurtenances. (Huttemeier v. Albro, 18 N. Y., 48; 3 Wash. R. Prop., 394 [4th ed.].) With them, it does no more. Whatever is, in fact, appurtenant to the principal thing, passes by a conveyance of it.
Again, this action is not brought on the ground of fraud or false representation. It is an action upon a breach of the covenant in the deed. What was said at the time by the parties seems to be of no…
2Cases cited8 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Mott v. . PalmerNew York Court of Appeals · 1848
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- United States v. AppletonU.S. Circuit Court for the District of Massachusetts · 1833
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