Kane v. Sanger
New York Supreme Court
THIS was an action of covenant brought to recover damages for an eviction of the plaintiff’s grantees, in four equal undivi- ‘ ® 7 J n dcd eighth parts of lot No. 64., in the township of Lamillus, The cause was tried before Mr. Justice Yates, at the Onondaga circuit, in June, 1816. The declaration stated a conveyance from the defendant to the plaintiff, dated the 26th of February, 1798, by which the defendant, in consideration of the sum of 3,210 dollars, conveyed to the…
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THIS was an action of covenant brought to recover damages for an eviction of the plaintiff’s grantees, in four equal undivi- ‘ ® 7 J n dcd eighth parts of lot No. 64., in the township of Lamillus, The cause was tried before Mr. Justice Yates, at the Onondaga circuit, in June, 1816. The declaration stated a conveyance from the defendant to the plaintiff, dated the 26th of February, 1798, by which the defendant, in consideration of the sum of 3,210 dollars, conveyed to the plaintiff, in fee, lots No. 52. and 64., in the township of Camillusy each containing 600 acres, with a covenant for the…
1Opinion of the CourtSpencer, J.
Objections have been made to the plaintiff’s right of recovery for any sum. First, it is contended, that by the conveyances to Ketchum, Marshall, Ransom, and Wood, and to Thomas Morris, the plaintiff has devested himself of all right to maintain any action on the covenant for quiet enjoyment. It has been decided in this court, in Greenby and Kellogg v. Wilcox, (2 Johns. Rep. 4.) that a covenant of seisin, broken the instant it was made, could not be assigned. It is a general rule, that where covenants run with the land, if the land is assigned or conveyed, before the covenants are broken, and…
2Cited by22 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Champlin v. LaytinNew York Court of Chancery · 1836
- Lawrence v. MontgomeryCalifornia Supreme Court · 1869
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Schofield v. Iowa Homestead Co.Supreme Court of Iowa · 1871
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