Wager v. Schuyler
New York Supreme Court
This was an action of covenant, tried at the Herkimer cir-cit in September, 1827, before the Hon. Nathan Williams, one of the circuit judges. The action was brought for the breach of a covenant of quiet enjoyment, contained in a deed executed by the defendant to one Jacob Springer, the plaintiff having been regularly evicted from one third of the premises conveyed, by a recovery in ejectment against him by a tenant in dower.
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This was an action of covenant, tried at the Herkimer cir-cit in September, 1827, before the Hon. Nathan Williams, one of the circuit judges. The action was brought for the breach of a covenant of quiet enjoyment, contained in a deed executed by the defendant to one Jacob Springer, the plaintiff having been regularly evicted from one third of the premises conveyed, by a recovery in ejectment against him by a tenant in dower. A verdict was taken for the plaintiff, sub-r ’ ject to the opinion of the court, for a nominal sum, to be increased or diminished as they should order. The facts of the…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question is as to the measure of damages, the eviction being only for the life of the tenant in dower, and not in fee. The defendant, Schuyler, conveyed the premises on the 21st of April, 1806, to one Jacob Springer, for the consideration of $1750. The plaintiff, on the 3d of May, 1819, purchased from Martin Springer and wife, and Jacob Springer, jun., to whom the title had come by several mesne conveyances, for the consideration of $2500. The recovery in ejectment, and eviction by the widow, was in August term, 1822. It is admitted that the defendant paid…
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