Administrators of Downer v. Smith
Supreme Court of Vermont
This was an action of covenant. The declaration is sufficiently-referred to in the opinion. The case was tried in the county court, upon the following agreed case, December Term, 1865, Pierpoint, Ch. J., presiding.
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This was an action of covenant. The declaration is sufficiently-referred to in the opinion. The case was tried in the county court, upon the following agreed case, December Term, 1865, Pierpoint, Ch. J., presiding. John Wood, (who had good title to the premises,) conveyed the: same to George N. Farewell by deed, dated, acknowledged, and recorded iu the land records of Ripton, on the day of . A. D. 18 . Farewell conveyed the same premises to the defendant and one Lyman Severance by deed of quit-claim, dated the 2d day of January, A. D. 1851, duly acknowledged by Farewell on the 3d day of…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The plaintiff’s declaration alleges that the defendant conveyed certain land to the plaintiffs’ intestate, by deed dated October I2th, 1854; that the deed contains the usual covenants of seizin and against incumbrances. The first count in the declaration alleges, as breach of the covenant against incumbrances, that the defendant’s grantor, (one Lyman Severance), on the 26th day of October, 1854, at the time of the execution of his deed to the defendant, purporting to eonvey the title of the land therein described to the defendant, was neither…
2Cited by21 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Bissell v. FossSupreme Court of the United States · 1885
- Harris v. LloydMontana Supreme Court · 1891
- Arthur v. CoyneSupreme Court of Oklahoma · 1912
- Cooper v. CooperSupreme Court of Vermont · 2001
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