Smith v. Frankfield
New York Supreme Court
Appeal from a judgment in favor of the plaintiff entered upon the trial of this action by the court without a jury, and from an order denying a motion for a new trial made at Special Term. This action was brought to recover damages for a breach of a covenant of seizin contained in a conveyance of certain real estate bearing date April 15, 1873, from the defendant to the plaintiff.
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Appeal from a judgment in favor of the plaintiff entered upon the trial of this action by the court without a jury, and from an order denying a motion for a new trial made at Special Term. This action was brought to recover damages for a breach of a covenant of seizin contained in a conveyance of certain real estate bearing date April 15, 1873, from the defendant to the plaintiff. A notice of Us pendens describing the property in question had been filed April 2, 1873, in an action brought for the foreclosure of a mechanic’s lien. In the latter action judgment in favor of the plaintiff and…
1Opinion of the Court
Ingalls, J.:
This cause comes before this court, under circumstances somewhat peculiar. The defendant conveyed certain land to the plaintiff by deed, containing a covenant of seizin. The plaintiff was entitled to recover by establishing a defect in the title without waiting until he should be dispossessed. ITe brought an action in this court against the defendant to enforce such covenant, and recovered a judgment. Upon the trial to establish a breach of the covenant the plaintiff put in evidence a judgment-roll, in an action prosecuted in this court by one Sarah H. Bostwick against the…
2Cases cited2 opinions
- Hall v. . AndrewsNew York Court of Appeals · 1875
- Briggs v. . BowenNew York Court of Appeals · 1875