De Peyster v. . Murphy
New York Court of Appeals
This action was brought toireeover the-amount of an assessment for a street improvement, paid by plaintiff upon premises deeded by plaintiff, in Hew York city, to defendant. Gn the'Sd Hoyember, 1870, plaintiff contracted to convey to defendant certain premises in the city of Hew" York" free of all incumbrances by warranty deed, with usual fuff covenants.
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This action was brought toireeover the-amount of an assessment for a street improvement, paid by plaintiff upon premises deeded by plaintiff, in Hew York city, to defendant. Gn the'Sd Hoyember, 1870, plaintiff contracted to convey to defendant certain premises in the city of Hew" York" free of all incumbrances by warranty deed, with usual fuff covenants. The deed was delivered on the day specified; it contained a covenant that the premises “ are-free, clear, discharged and unincumbered of and from all former and other grants, titles, cJmrges, estates,. judgments, .taxes,. assessments , and…
1Opinion of the Court
Miller, J.,
reads for reversal and new trial; Earl, J., concurs ; Church, Oh. J., and Andrews, J., concur in result; Allen, J., does not vote; Rapallo, J., dissents.
Judgment reversed.
2Cited by11 opinions
- Lathers v. . KeoghNew York Court of Appeals · 1888
- Real Estate Corporation v. . HarperNew York Court of Appeals · 1903
- Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1940
- Doonan v. . KillileaNew York Court of Appeals · 1918
- Metropolitan Life Insurance v. Union Trust Co.New York Supreme Court · 1938
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