Tibbetts v. Leeson
Massachusetts Supreme Judicial Court
Contract to recover for breach of the covenant against incumbrances, in a deed of land given by the defendant to the plaintiff. Trial in the Superior Court, before Thompson, J., who ordered a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The covenant against incumbrances in an ordinary deed of conveyance extends to all adverse claims or liens on the estate conveyed, whereby the same may be defeated wholly or in part, whether the claims be uncertain, contingent, or otherwise. Shearer v. Ranger, 22 Pick. 447. At the time the deed to the plaintiff was made, there were on record four tax deeds of the premises to other persons, but the plaintiff did not claim that any valid title had passed by either of them. They did not therefore constitute any incumbrance upon the plaintiff’s estate when she brought her action. Her estate could…
2Cases cited1 opinion
- Green v. HackleyCourt of Appeals of Kentucky · 1860
3Cited by8 opinions
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
- Green v. TidballWashington Supreme Court · 1901
- Gallison v. DowningMassachusetts Supreme Judicial Court · 1923
- Bailey v. LevySupreme Court of Alabama · 1925
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