Morrison v. Underwood
Superior Court of New Hampshire
Covenant broken. The declaration alleges that the defendant on, &c., at, &c., executed a deed to the plaintiff’ of a certain farm, situate, &c., and covenanted with the plaintiff’ that on the day of the delivery of the deed, and until such delivery, the defendant was lawfully seized in fee simple of the premises, and that they were free from any incumbrance; whereas the defendant was not lawfully seized in fee simple of the premises, and they were incumbered by an annual…
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Covenant broken. The declaration alleges that the defendant on, &c., at, &c., executed a deed to the plaintiff’ of a certain farm, situate, &c., and covenanted with the plaintiff’ that on the day of the delivery of the deed, and until such delivery, the defendant was lawfully seized in fee simple of the premises, and that they were free from any incumbrance; whereas the defendant was not lawfully seized in fee simple of the premises, and they were incumbered by an annual rent to the town of Piermont, to be paid m corn, of great value, &c. It was agreed that the defendant was not seized of one…
1Opinion of the CourtBell, J.
Covenants of seizin are broken, if at all, upon the execution of the deed, if the grantor is not then seized according to the stipulations of the covenant. Platt Cov. 311; Raynold v. Woolness, Freeman 41; Spencer’s Case, 5 Co. 16; Bartholomew v. Candee, 14 Pick. 167 ; Abbot v. Allen, 14 Johns. 253; 4 Kent Com. 470.
And covenants against incumbrances are at once broken, if the land is at the time of the conveyance subject to any incumbrance provided against by the covenant. Wyman v. Ballard, 4 Kent Com. 471; 12 Mass. 304; Tufts v. Adams, 8 Pick. 549. But in both these cases the grantee will…
2Cases cited11 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Delavergne v. NorrisNew York Supreme Court · 1811
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
- Wheeler v. RussellMassachusetts Supreme Judicial Court · 1821
- Abbott v. AllenNew York Supreme Court · 1817
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- McGregor v. Friedrichs, Esq.District Court, D. New Hampshire · 1999