Scriver v. Smith
New York Supreme Court
Appeal from an interlocutory judgment in favor of the plaintiffs, entered upon an order overruling a demurrer to the complaint. The complaint sets up that on the 25th day of March, 1875, the. defendant conveyed to the plaintiffs in fee a certain parcel of land which contained a water-power and grist mill, with the water-power and mill privileges appurtenant thereto.
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Appeal from an interlocutory judgment in favor of the plaintiffs, entered upon an order overruling a demurrer to the complaint. The complaint sets up that on the 25th day of March, 1875, the. defendant conveyed to the plaintiffs in fee a certain parcel of land which contained a water-power and grist mill, with the water-power and mill privileges appurtenant thereto. It avers that the value of the premises consisted almost wholly in their use for such purposes, and that the premises were bought by plaintiffs for such purposes, as was known to defendant. It sets forth a covenant of warranty…
1DissentLearned, P. J.
There is in the complaint, as it will be seen, a general allegation that the plaintiffs have not been permitted peaceably to enjoy, etc. No force however has been given to these general words, upon the argument of the appeal. They are probably insufficient by themselves to show a breach. Nor has any force been given to the allegation of the plaintiffs’ purpose in the purchase or of the defendant’s knowledge. The question argued has been whether the facts stated constitute a breach of the covenant.
*133The deed is the .usual warranty deed. It describes the land simply by metes and bounds. It does…
2Cases cited14 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Mott v. . PalmerNew York Court of Appeals · 1848
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
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