Flint v. Steadman
Supreme Court of Vermont
Covenant. This action was brought on the breach of the covenant of seizin. Plea, non est factum, and special pleas on which issue of fact was joined. No question was made under the plea of non est factum. Trial by Court, June Term, 1862, Peck, J., presiding. The several deeds by which the premises in question passed from Joseph Bigelow to the plaintiff, are sufficiently referred to in the opinion of the court; and also a statement of the breach alleged.
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Covenant. This action was brought on the breach of the covenant of seizin. Plea, non est factum, and special pleas on which issue of fact was joined. No question was made under the plea of non est factum. Trial by Court, June Term, 1862, Peck, J., presiding. The several deeds by which the premises in question passed from Joseph Bigelow to the plaintiff, are sufficiently referred to in the opinion of the court; and also a statement of the breach alleged. It appeared that the premises were pm-chased of said Bigelow for the purpose of furnishing a home for Sarah Thayer and her son, Henry G.…
1Opinion of the CourtBarrett, J.
The defendant conveyed lands to the plaintiff by deed, March 19, 1855, in which he covenanted that “until the ensealing of such deed he was the sole owner of the premises.”
This suit is brought for an alleged breach of said covenant.
It appears that Joseph Bigelow had conveyed said premises in 1848, to Sarah Thayer, “in trust for the heirs of Henry G* Thayer, to be deeded to them when requested by said Henry G. and to said heirs, heirs and assigns forever.” Habendum “to said Sarah Thayer in trust for Henry G. Thayer’s heirs and their assigns, to their own use and behoof forever.” Covenanting “…
2Cases cited2 opinions
- Richardson v. DorrSupreme Court of Vermont · 1833
- Town of Pownal v. MyersSupreme Court of Vermont · 1844
3Cited by10 opinions
- Curtis v. BrannonTennessee Supreme Court · 1897
- Kicks v. State BankNorth Dakota Supreme Court · 1904
- In re Robinson's EstateSupreme Court of Vermont · 1916
- Moore v. CenterSupreme Court of Vermont · 1964
- Heilig v. HeiligSuperior Court of Pennsylvania · 1905
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