Williams v. Goddard
Supreme Court of Vermont
This was an action of covenant. The declaration counted on the covenant of seisin, and the covenant against incumbrances, contained in the defendant’s deed to the plaintiff of a tract of land in Concord. Plea, that the defendant was well seized according to the terms of his covenent, and that the premises were free from incumbrance. The plea was traversed and issue joined.
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This was an action of covenant. The declaration counted on the covenant of seisin, and the covenant against incumbrances, contained in the defendant’s deed to the plaintiff of a tract of land in Concord. Plea, that the defendant was well seized according to the terms of his covenent, and that the premises were free from incumbrance. The plea was traversed and issue joined. It appeared, at the trial, that the land described in the defendant’s deed to the plaintiff, was part of the ministerial right in Concord, of which the defendant, at the time of executing said deed, claimed to be the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is only necessary to consider the first covenant declared on. In this the defendant covenants — “that he is well seised of an indefensable estate in fee simple.” The terms of this covenant necessarily import that he had an absolute estate in fee; and to make good his defence, he was therefore required to establish-such a title in himself. — Gorfield vs. Williams, 2 Vt. R. 327.— Catlin vs. Hurlburt,3 Vt. R. 403. He was the first minister of the Gospel ever permanently settled in Concrd, and no objection is made to the validity of his…
2Cases cited2 opinions
- Dow v. Town of HinesburghSupreme Court of Vermont · 1826
- Town of Sheldon v. GoodselSupreme Court of Vermont · 1826
3Cited by7 opinions
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- Capen's Administrator v. SheldonSupreme Court of Vermont · 1905
- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
- Town of Victory v. WellsSupreme Court of Vermont · 1866
- Holbrook v. BowmanSupreme Court of New Hampshire · 1882
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