Stowell v. Bennett
Supreme Judicial Court of Maine
On Facts agreed. Covenant Broken. This action is brought upon the defendant’s covenant of freedom from incumbrances contained in a deed conveying real estate. The deed was made by the defendant to one D. P. S., by whom the premises were conveyed to the plaintiff. At the time of the conveyance, there was an outstanding mortgage upon a portion of the estate. The debt, then due upon the mortgage, is still unpaid.
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On Facts agreed. Covenant Broken. This action is brought upon the defendant’s covenant of freedom from incumbrances contained in a deed conveying real estate. The deed was made by the defendant to one D. P. S., by whom the premises were conveyed to the plaintiff. At the time of the conveyance, there was an outstanding mortgage upon a portion of the estate. The debt, then due upon the mortgage, is still unpaid. The mortgage was assigned to one Dewey, who entered upon the land, and took from it a quantity of timber, and paid several years’ taxes. The value of the timber, however, was…
1Opinion of the CourtHoward, J.
When the defendant conveyed to the grantor of the plaintiff, there° was an outstanding mortgage upon a portion of the premises, which constituted a breach of his covenants against incumbrances. The plaintiff has succeeded to the rights of his grantor, in respect to the covenants, and having duly filed a release for his use, may maintain this action. R. S. c. 115, <§> 16.
The paramount right of the mortgagee may ripen into an absolute title, or it may be extinguished before an entry to foreclose, or before foreclosure. But it still exists as an in-*424cumbrance only, to be discharged, or to become…
2Cases cited2 opinions
- Delavergne v. NorrisNew York Supreme Court · 1811
- Stanard v. EldridgeNew York Supreme Court · 1819
3Cited by1 opinion
- Tammac Corp. v. Miller-MeehanSupreme Judicial Court of Maine · 1994