Adams v. Conover
New York Supreme Court
Motion for a new trial on exceptions, ordered to be heard in the first instance at the General Term, after a verdict rendered in favor of the plaintiff. The action was brought to recover damages for a breach of a covenant of quiet enjoyment contained in a deed of conveyance, which described by boundaries a piece of land, and purported to convey the same together with a right of way over adjoining land, “ with the appurtenances,” &c.
1Opinion of the Court
Hardin, J.:
In March, 1867, the defendant Conover, and one Benjamin Conover by warranty deed, conveyed certain premises and privileges and appurtenances situated in the town of Victor, Ontario county, to the plaintiff and one John Conover in consideration of $8,000. There was a plaster mill in use on the premises. The deed contained the usual covenant for quiet enjoyment. The grantees entered into possession of the premises. Subsequently two actions were brought against -the grantees, and tried, in which were recoveries for overflowing the lands of Felt, who owned on the stream next above the…
2Cases cited9 opinions
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Voorhees v. . BurchardNew York Court of Appeals · 1873
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Shattuck v. . LambNew York Court of Appeals · 1875
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