Haynes v. Stevens
Superior Court of New Hampshire
Covenant. The declaration alleged that the defendant, on the 19th day of March, A. D. 1836, conveyed to the plaintiff a tract of land, and covenanted that it was free from incumbrances, and averred that it was in fact incumbered by a highway, &c. &e. The plaintiff offered evidence to show the conveyance and covenant, and the existence of the highway.
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Covenant. The declaration alleged that the defendant, on the 19th day of March, A. D. 1836, conveyed to the plaintiff a tract of land, and covenanted that it was free from incumbrances, and averred that it was in fact incumbered by a highway, &c. &e. The plaintiff offered evidence to show the conveyance and covenant, and the existence of the highway. The defendant then offered in evidence a mortgage deed from the plaintiff to the defendant, of the same land, and containing a similar covenant against incumbrances, and bearing even date with the deed from the defendant to the plaintiff. This…
1Opinion of the CourtGilchrist, J.
In this case, Stevens, for a valuable consideration, conveyed land to Haynes in fee, with a covenant against incumbrances. Haynes immediately re-conveyed the *30land to Stevens, in fee and in mortgage, to secure the payment of the purchase money, with a similar covenant against incumbrances. He now alleges that at the time he purchased the land of Stevens it was incumbered by a highway; and he says in substance that having paid Stevens a full consideration for the land, he should recover of him so much money as the land was diminished in value by the existence of the highway.
The highway was an…
2Cases cited4 opinions
- Rickert v. SynderNew York Supreme Court · 1832
- Riley v. WaughMassachusetts Supreme Judicial Court · 1851
- Waldo v. LongNew York Supreme Court · 1810
- Watts v. WelmanSuperior Court of New Hampshire · 1822
3Cited by5 opinions
- Brown v. ManterSuperior Court of New Hampshire · 1850
- Kingsbury v. SmithSuperior Court of New Hampshire · 1842
- Andrews v. DavisonSuperior Court of New Hampshire · 1845
- Kennison v. TaylorSuperior Court of New Hampshire · 1846
- Moore v. MerrillSuperior Court of New Hampshire · 1845