Atkins v. Bahrett
New York Supreme Court
PPEAL by the defendant from a judgment entered at a special term, upon the verdict of a jury. The action was brought upon a written agreement, signed by the parties, by which the defendant covenanted to sell to the plaintiff a certain lot of ground, real estate and premises situate in the village of Poughkeepsie, for the consideration of $1575. The deed was to be a warranty deed, and the wife of Bahrett was to unite with him. in the deed, which was to be duly acknowledged,…
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PPEAL by the defendant from a judgment entered at a special term, upon the verdict of a jury. The action was brought upon a written agreement, signed by the parties, by which the defendant covenanted to sell to the plaintiff a certain lot of ground, real estate and premises situate in the village of Poughkeepsie, for the consideration of $1575. The deed was to be a warranty deed, and the wife of Bahrett was to unite with him. in the deed, which was to be duly acknowledged, ready for record, on the first day of April ensuing the date of the written agreement. Atkins, on his part, covenanted to…
1Opinion of the Court
By the Court,
Brown, J.
The question determined at the special term and now to be re-examined on appeal, arises upon the construction of the defendant’s covenant to convey; whether it is sufficiently executed by the delivery of a deed with the usual covenant of warranty so as to pass whatever estate the grantor had in the lands, or whether the deed should not also be an operative conveyance, and pass to the grantee a perfect and complete title to the lands therein described. This precise question has been much litigated, and a great variety of cases may be found in the books, in which it has in…
2Cases cited5 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Clute v. RobinsonNew York Supreme Court · 1807
- Gazley v. PriceNew York Supreme Court · 1819
- Carpenter v. BaileyNew York Supreme Court · 1837
- Pomeroy v. DruryNew York Supreme Court · 1852