Cummings v. Holt
Supreme Court of Vermont
Action of -covenant for breach of covenant • against incumbrances contained in deed of land. Pleas, first, that defendant had not broken his covenant; second, that the premises were free of incumberance, etc. Trial by court, May Term, 1882, Windsor Comity, Rowell, J., presiding. Judgment for tlie defendant to recover liis cost.
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Action of -covenant for breach of covenant • against incumbrances contained in deed of land. Pleas, first, that defendant had not broken his covenant; second, that the premises were free of incumberance, etc. Trial by court, May Term, 1882, Windsor Comity, Rowell, J., presiding. Judgment for tlie defendant to recover liis cost. The plaintiff at the time of the conveyance knew of the tax sale ; and the defendant gave him a bond conditioned to save him harmless from its effect. The other facts are stated in the opinion. The taxes were an incumbrance which constituted a breach of covenant. Gen.…
1Opinion of the Court
*386The opinion of the court was delivered by
Ross, J.
February 17th, 1878, the defendant conveyed to the plaintiff a farm. The conveyance contained the usual covenant, that the premises were free from incumbrances. In this action the plaintiff is seeking to recover damages for the alleged breach of this covenant. To sustain the action it is incumbent upon the plaintiff to show an incumbrance resting upon the premises at the time of the conveyance. Hutchins v. Moody, 30 Vt. 655.
The plaintiff (¿aims that the taxes assessed upon the premises for the years 1876 and 1877 to George O. Adams, who was…
2Cases cited7 opinions
- Spear v. DittySupreme Court of Vermont · 1837
- Turner v. GoodrichSupreme Court of Vermont · 1853
- Sumner v. ShermanSupreme Court of Vermont · 1841
- Drew v. DavisSupreme Court of Vermont · 1838
- Hutchins v. MoodySupreme Court of Vermont · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Price v. LelandSupreme Court of Vermont · 1988
- Richford Savings Bank & Trust Co. v. ThomasSupreme Court of Vermont · 1941
- Brush v. WatsonSupreme Court of Vermont · 1908
- Fulton v. AldrichSupreme Court of Vermont · 1904
- White v. GibsonMichigan Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.