Beach v. Stearns
Supreme Court of Vermont
THE defendants were attached to answer unto the plaintiff, in a plea of covenant broken, for that the said Amanda, heretofore, to wit, at Williston aforesaid, on the 29th day of May, A. D. 1818, while the said Amanda was a feme sole, by her deed of that date, signed by her hand, and sealed with her seal, witnessed, acknowledged, recorded, and every way executed in due form of law, and ready in Court to be produced, for and in consideration of the sum of $443, then and there…
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THE defendants were attached to answer unto the plaintiff, in a plea of covenant broken, for that the said Amanda, heretofore, to wit, at Williston aforesaid, on the 29th day of May, A. D. 1818, while the said Amanda was a feme sole, by her deed of that date, signed by her hand, and sealed with her seal, witnessed, acknowledged, recorded, and every way executed in due form of law, and ready in Court to be produced, for and in consideration of the sum of $443, then and there received of the said Robert, gave, granted, bargained, sold, and conveyed to the said Robert, a certain tract or parcel…
1Opinion of the Court
The opinion of the Court was delivered by
Prentiss, J.
The principal question arising out of the case before us, is, whether the deed, set forth in the pleadings, contains any covenant of the effect alleged in the declaration. The deed, it appears, contains an express covenant of warranty against all lawful claims. But this covenant extends only to an eviction or ouster from the possession ; and it is a rule well settled, and universally acted upon, that to maintain an action upon it, the plaintiff must aver and show an eviction. [2 Sound. 178, 181, n. 10__-2 Johns. Rep. 4, 395. — 3 Johns. Rep.…
2Cases cited2 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Bearce v. JacksonMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Limoge v. People's Trust Co.Supreme Court of Vermont · 1998
- White v. MillerSupreme Court of Vermont · 1850
- Enequist v. BemisSupreme Court of Vermont · 1947
- Wilder v. Davenport's EstateSupreme Court of Vermont · 1886
- Fullam v. FosterSupreme Court of Vermont · 1896
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