Julliand v. Burgott
New York Supreme Court
THIS was an action of debt on a bond, dated 3d December,, 1811, with a condition that the defendants should secure certa™ ^anc's (S°M and conveyed by Peter Burgott and wife, by a warranty deed, dated the 30th of September, 1811, to Henry Van Vliet, and conveyed by him, by deed, dated the 3d of De~ cember, 1811, to the plaintiff) in the peaceable and quiet possession of the plaintiff, his heirs and assigns, “ free from all legal encumbrances, either by deed or mortgage, or…
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THIS was an action of debt on a bond, dated 3d December,, 1811, with a condition that the defendants should secure certa™ ^anc's (S°M and conveyed by Peter Burgott and wife, by a warranty deed, dated the 30th of September, 1811, to Henry Van Vliet, and conveyed by him, by deed, dated the 3d of De~ cember, 1811, to the plaintiff) in the peaceable and quiet possession of the plaintiff, his heirs and assigns, “ free from all legal encumbrances, either by deed or mortgage, or otherwise, now in existence and binding on the premises,” &c. and it was expressly agreed and understood that the…
1Per curiam
Without noticing other points in the case, the or 5 declaration is bad in substance, in not assigning a sufficient breach. The breach is, that the defendants “ did not free the land from all legal encumbrances, either by deed, mortgage, or otherwise, then in existence and binding on the premises, by the 20th of February, 1812.” This was following and negativing the very words of the condition of the bond; but unless such an assignment necessarily amounts to a breach, it is insufficient, and here it. does not; for non constat, that there vras any existing encumbrance on the 20th of February,…
2Cited by3 opinions
- Wilson v. ClarkeSupreme Court of Minnesota · 1874
- United States v. StaffordU.S. Circuit Court for the District of Northern New York · 1871
- Brown v. StebbinsCourt for the Trial of Impeachments and Correction of Errors · 1843