Sterling v. Peet
Supreme Court of Connecticut
This was an action on the covenants in a deed of land. There were three counts in the declaration ; but it will be sufficient to state the third only, that being the most comprehensive.
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This was an action on the covenants in a deed of land. There were three counts in the declaration ; but it will be sufficient to state the third only, that being the most comprehensive. In this count it was alleged, That on the 7th of December, 1808, the defendants, [together with other persons since deceased] by their deed of that date, by them duly executed, acknowledged and recorded, for the consideration of 146 dollars, bargained and sold to the plaintiff a certain piece of land, lying in the borough of Bridgeport, [describing it,] containing 78⅛⅝ rods ; to hold to him, the plaintiff, his…
1Opinion of the Court
Williams, Ch. J.
The questions reserved for the consideration of the court, are, whether the defendants are personally liable upon the covenants of warranty in the deed ; and if so, what damages the plaintiff ought to recover.
In the deed, the defendants are described as warden and burgesses of the borough of Bridgeport, and convey the premises by virtue of a statute law of the state empowering them to sell highways. The covenants are in the usual form in deeds of warranty; and the grantors bind themselves and their successors, in their official capacity; and covenant, that, as warden and…
2Cases cited4 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Perry v. HydeSupreme Court of Connecticut · 1834
- Tomlinson v. LeavenworthSupreme Court of Connecticut · 1817
3Cited by15 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Brandt v. FosterSupreme Court of Iowa · 1857
- Davis v. SmithSupreme Court of Georgia · 1848
- Gray v. GreenblattSupreme Court of Connecticut · 1931
- Mason v. KelloggMichigan Supreme Court · 1878
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