Townsend v. Morris
New York Supreme Court
Osr demurrer to the declaration m covenant. The ac- . tion was upon a covenant in a conveyance by way ot lease and release, of certain land at Goshen, in Orange county ; and set forth, that the testator thereby conveyed the land in fee to the plaintiff and one 5. Townsend, now deceased, on the 12iA and 13th days of October, , . I ... 1788 ; and thereby, for himself and his heirs, did warrant and engage to defend to the plaintiff and S. Townsend, now deceased, and their heirs…
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Osr demurrer to the declaration m covenant. The ac- . tion was upon a covenant in a conveyance by way ot lease and release, of certain land at Goshen, in Orange county ; and set forth, that the testator thereby conveyed the land in fee to the plaintiff and one 5. Townsend, now deceased, on the 12iA and 13th days of October, , . I ... 1788 ; and thereby, for himself and his heirs, did warrant and engage to defend to the plaintiff and S. Townsend, now deceased, and their heirs and assigns forever, the land so conveyed. The declaration then averred that the people of the state of Neio-York had,…
1Opinion of the Court
Curia, per
Woodworth, J.
It is contended that the action cannot be sustained upon the warranty; it being a covenant real, and not binding on the personal representatives of the testator.
Í am not aware that this question has been expressly decided in our courts. Actions have been sustained on the covenant of warranty; but this point seems not to have been raised, or noticed by the court or counsel. The causes were disposed of on other grounds.
*126Thus, in Kent v. Welch, (7 John. 258,) the plaintiff de« dared on a deed, whereby the defendant gave, granted, bargained and sold a tract of land; and…
2Cases cited2 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- Kent v. WelchNew York Supreme Court · 1810
3Cited by2 opinions
- Rowe v. Shenandoah Pulp Co.West Virginia Supreme Court · 1896
- Rex v. CreelWest Virginia Supreme Court · 1883