Staats v. Executors of Ten Eyck
New York Supreme Court
ON the 7th of January 1793, the testator, Barent Ten Eyck, by indenture of release, in consideration of £.700, granted, bargained, and sold to the plaintiff, and one Dudley Walsh in fee, two lots of ground in the city of Albany covenanting, “ That he “ the grantor was the true and lawful owner, that he was lawfully " and rightfully seised in his own right of a good and indefeasible " estate of inheritance in the premises, that he had full power " to sell in fee simple, and…
Read the full summary
ON the 7th of January 1793, the testator, Barent Ten Eyck, by indenture of release, in consideration of £.700, granted, bargained, and sold to the plaintiff, and one Dudley Walsh in fee, two lots of ground in the city of Albany covenanting, “ That he “ the grantor was the true and lawful owner, that he was lawfully " and rightfully seised in his own right of a good and indefeasible " estate of inheritance in the premises, that he had full power " to sell in fee simple, and that the grantees should for ever “ peaceably hold and enjoy the premises without the interruption " or eviction of any…
1Opinion of the CourtKent, C. J.
This case resolves itself into these two points for inquiry. 1st, Whether, upon the covenants, the plaintiff be entitled to recover the value of the moiety of one lot at the time of eviction, or only at the time of the purchase, and to be ascertained by the consideration given? 2d, If the latter be the rule of damages, then, whether the plaintiff be also entitled to recover interest upon the purchase money, and the costs of the eviction ?
1 — There are two covenants contained in the deed ; the one,, that the testator was seised in fee, and had good right to convey ; the other, that the grantee…
2Cited by57 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Morgan v. BellWashington Supreme Court · 1892
- Pitcher v. LivingstonNew York Supreme Court · 1809
52 more not listed; retrieve them via the Exa API.