Hilliker v. Rueger
Appellate Division of the Supreme Court of the State of New York
Appear by the defendants, Emily Eueger and another, individually and as executrices, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of June, 1914, upon the decision of the court after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Jenks, P. J.:
This action is to recover damages by grantee against the legal representatives of his grantors for a breach of a covenant of seizin. The grantors covenanted that they “are seized of the said premises in fee simple, and have good right to convey the same.” Subsequent to the conveyance the'grantee contracted to sell the premises to Schaefer, who refused to take title, in that it was unmarketable, and brought an action for the money paid on account of the contract. It finally was determined in that action that the said grantee did not have title to a part of the premises. (Schaefer…
2Cases cited10 opinions
- Brandt v. FosterSupreme Court of Iowa · 1857
- Rickert v. SynderNew York Supreme Court · 1832
- Tone v. WilsonIllinois Supreme Court · 1876
- Dale v. ShivelySupreme Court of Kansas · 1871
- Olmstead v. . RawsonNew York Court of Appeals · 1907
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3Cited by2 opinions
- Hilliker v. . RuegerNew York Court of Appeals · 1920
- Hilliker v. RuegerAppellate Division of the Supreme Court of the State of New York · 1915