Hall v. Stone
Superior Court of New Hampshire
Covenant. Defendants conveyed to Edward Hall, Sr., a lot of land containing one hundred acres, supposed to be in Croydon, and covenanted to warrant the same to Hall, his heirs and assigns. Hall, the grantee, conveyed the same lot, with similar covenants, to one Ezekiel Hall. The latter conveyed a part of the lot, say about eighty acres, by metes and bounds, to plaintiff, Edward Hall, Jr., in fee, with similar covenants.
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Covenant. Defendants conveyed to Edward Hall, Sr., a lot of land containing one hundred acres, supposed to be in Croydon, and covenanted to warrant the same to Hall, his heirs and assigns. Hall, the grantee, conveyed the same lot, with similar covenants, to one Ezekiel Hall. The latter conveyed a part of the lot, say about eighty acres, by metes and bounds, to plaintiff, Edward Hall, Jr., in fee, with similar covenants. Plaintiff conveyed to one Kinsley in fee, the same lands conveyed to' him, with similar covenants. Kinsley was evicted, and has recovered, in an action of covenant broken,…
1Opinion of the CourtSmith, C. J.
This is a covenant real. It has for its object something annexed to, inherent in, or connected with, land. It (the covenant) is transferred to the purchaser'of the land by the conveyance. When Ezekiel Hall bought the lot, this covenant ran with the land, and Ezekiel Hall was entitled to the benefit of this covenant, and might maintain an action upon it. Defendants covenanted to warrant the lot to Ezekiel Hall. Defendants have covenanted to warrant and defend the *391lot to Ezekiel Hall against the eviction of any person whatever. (a)
Suppose Ezekiel Hall evicted of part of the lot, eighty acres.…
2Cases cited5 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Greenby v. WilcocksNew York Supreme Court · 1806
- Morris v. PhelpsNew York Supreme Court · 1809
- Fenwick v. PhillipsCourt of Appeals of Kentucky · 1860
- Dougherty v. Duvall's HeirsCourt of Appeals of Kentucky · 1848
3Cited by1 opinion
- Bowser v. CessnaSupreme Court of Pennsylvania · 1869