Leland v. Stone
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought upon a deed made- by the defendant, and delivered to the plaintiff on the 3d day of April, 1807, by which were conveyed to the plaintiff certain parcels of land in Holliston, in this county.
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This was an action of covenant broken, brought upon a deed made- by the defendant, and delivered to the plaintiff on the 3d day of April, 1807, by which were conveyed to the plaintiff certain parcels of land in Holliston, in this county. The plaintiff alleges, in Isis declaration, that as to one acre, parcel of the premises described in the deed, with the buildings thereon, the grantor was not seised, nor had he right to sell, in contravention of covenants to this effect m the deed. The defendant pleaded a special non est factum, viz., that, as to the said one acre, the deed declared on was…
1Opinion of the CourtJackson, J.
The evidence objected to was not admitted to contradict the deed, or to give a construction to the contract contrary to the written terms of it. Under the direction of the judge, the jury could only have considered it as proving the state of facts, as they existed at the time of the conveyance. These facts were, that the defendant had, many years before, sold and conveyed the acre of land in question; that the deed had been acknowledged and registered ; that the grantee under that deed had long been in the open and exclusive possession of the land, having built a house upon it, in which he…
2Cases cited2 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Cutler v. HowMassachusetts Supreme Judicial Court · 1811
3Cited by31 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Brandt v. FosterSupreme Court of Iowa · 1857
- Pea v. PeaIndiana Supreme Court · 1871
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Allen v. LeeIndiana Supreme Court · 1848
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