Partridge v. Hatch
Superior Court of New Hampshire
Covenant broken. Tbe declaration alleged that the defendant, on the 6th of February, 1837, by his deed of that date, bargained and sold to the plaintiff a certain parcel of land in Stratford, bounded, &c., and covenanted with the plaintiff that he was seized in fee of the land, and had in himself good right and lawful authority to sell and convey tbe same in manner aforesaid, and that the plaintiff* might, from thenceforward, by force of the deed, lawfully possess and enjoy…
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Covenant broken. Tbe declaration alleged that the defendant, on the 6th of February, 1837, by his deed of that date, bargained and sold to the plaintiff a certain parcel of land in Stratford, bounded, &c., and covenanted with the plaintiff that he was seized in fee of the land, and had in himself good right and lawful authority to sell and convey tbe same in manner aforesaid, and that the plaintiff* might, from thenceforward, by force of the deed, lawfully possess and enjoy the same, free of all incumbrances, and it then set forth a breach of these covenants in general terms. The writ was…
1Opinion of the CourtGilchrist, J.
The first question presented by the case is, whether the defendant was seized of the premises which he conveyed to the plaintiff, with the covenants on which he is now sued, at the date of the delivery of his deed.
His title was under the will of Noah Hatch, who devised the land to his three sons, the defendant, Alfee and Ira, upon the condition that the two carry on Ira’s part, and support him during his life. This clearly gave the three an estate in common, with the right of the defendant and Alfee to carry on the share of Ira, and the duty of seeing its avails appropriated to his support.
On…
2Cases cited2 opinions
- Parker v. BrownSuperior Court of New Hampshire · 1844
- Moody v. LeavittSuperior Court of New Hampshire · 1820