Wyman v. Ballard
Massachusetts Supreme Judicial Court
* This was an action of covenant broken upon a deed [*304] dated January 28th, 1806, by which the defendant conveyed to the plaintiff a parcel of land in Augusta, in fee simple, with a covenant that the premises conveyed were free from all incumbrances.
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* This was an action of covenant broken upon a deed [*304] dated January 28th, 1806, by which the defendant conveyed to the plaintiff a parcel of land in Augusta, in fee simple, with a covenant that the premises conveyed were free from all incumbrances. The breach alleged is a prior conveyance by the defendant to the President, Directors, and Company of the Hallowell and Augusta Bank, dated the 30th of December, 1805, for securing the payment of $ 400, with interest, on the 30th of December, 1806, which the plaintiff avers remained unpaid on the 3d of May, 1808, the day of the purchase of his…
1Opinion of the CourtParker, C. J.
The defendant objects, that the plaintiff cannot maintain this action, because he has parted with his interest in the land, and also with the covenants contained in his deed.
But the covenant, upon which this action is brought, was broken at the time of the conveyance, and so could not pass to the grantee of the plaintiff,† He is therefore entitled to recover damages for the breach.
The conveyance which constitutes the incumbrance being a mortgage, he is not entitled to recover in damages the value * of the incumbrance, unless it were in evidence that he [* 3061 had relieved it by paying off…
2Cases cited7 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Greenby v. WilcocksNew York Supreme Court · 1806
- Barbell v. JoyMassachusetts Supreme Judicial Court · 1819
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
- Tacoma Lumber & Manufacturing Co. v. City of TacomaWashington Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884