Tone v. Brace
New York Court of Chancery
This case came before the chancellor upon appeal, and the facts are stated in the report of the case before the vice chancellor, in Clark’s Chancery Reports, upon a previous application. The lease in question contains no express covenant, the words used are “ demise and lease;” and all implied covenants in a conveyance of real estate are abolished, and, therefore, the complainant has no remedy either in this court, or in a court of law.
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This case came before the chancellor upon appeal, and the facts are stated in the report of the case before the vice chancellor, in Clark’s Chancery Reports, upon a previous application. The lease in question contains no express covenant, the words used are “ demise and lease;” and all implied covenants in a conveyance of real estate are abolished, and, therefore, the complainant has no remedy either in this court, or in a court of law. At common law, the words “ demise and lease” imply a covenant. And a lessee upon eviction before the termination of the demise, could maintain.an action for…
1Opinion of the Court
The Chancellor.
This is an appeal by the defendant from a decree of the vipe chancellor of the eighth circuit. For the reasons stated by the vipe chancellor, in the report of this case, upon an -application to renew the injunction, (1 Clark’s Ch. Rep. 503,) I think the 140th section of the article of the revised statutes relative to alienation by deed, (1 R. S. 738,) does not extend to the implied covenants of warranty as to quiet enjoyment of the demised premises in a lease of a mere term of years, creating only chattel interest in lands. Such a lease is not, in common parlance, called a…
2Cases cited2 opinions
- Kinney v. WattsNew York Supreme Court · 1835
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
3Cited by14 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Koeber v. SomersWisconsin Supreme Court · 1901
- Tuohy's EstateMontana Supreme Court · 1899
- Burr v. . StentonNew York Court of Appeals · 1871
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