Hartford & Salisbury Ore Co. v. Miller
Supreme Court of Connecticut
Action of covenant, for a breach of the covenants of seizin and against incumbrances in a deed ; and a bill in equity by the defendant in that action against the plaintiffs in it, for the reformation of the deed ; brought to the Superior Court in Hartford county. The cases involved the same general facts and were referred together to a committee and heard as one case.
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Action of covenant, for a breach of the covenants of seizin and against incumbrances in a deed ; and a bill in equity by the defendant in that action against the plaintiffs in it, for the reformation of the deed ; brought to the Superior Court in Hartford county. The cases involved the same general facts and were referred together to a committee and heard as one case. As most of the questions in the case arise in the action at law the term plaintiffs will be applied solely to the plaintiffs in that action and the term defendant to the defendant therein; except where the context shows clearly…
1Opinion of the CourtCarpenter, J.
The first question presented by this record is a very simple one. Who is entitled to sue for a breach of the covenants of seizin and against incumbrances contained in the deed from the defendant to Louis H. Bristol ? It is conceded that these covenants do not run with the land; that they were broken, and that a right of action accrued the instant the deed was delivered. To whom did it accrue ? Not to the plaintiffs certainly, for at that time the corporation was not in existence. The deed was to, and the covenants therein were with, Louis H. Bristol. The legal title, not only to the land, but…
2Cases cited3 opinions
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Griswold v. JohnsonSupreme Court of Connecticut · 1824
- Marshall v. TrumbullSupreme Court of Connecticut · 1859
3Cited by24 opinions
- Mee v. BenedictMichigan Supreme Court · 1893
- Goodwin v. KeneySupreme Court of Connecticut · 1882
- In Re SpanoUnited States Bankruptcy Court, D. Connecticut · 1993
- Williams v. FinleyTexas Supreme Court · 1906
- Lucas v. CrofootSupreme Court of Connecticut · 1921
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