Dimmick v. Lockwood
New York Supreme Court
Covenant against encumbrances. The plaintiff declared in covenant for that the defendants, on the 5th March, 1824, for and in consideration of $250, by deed granted and conveyed to him in fee, half an acre and 16 rods of land, in the village of Bloomingburgh, in the county of Sullivan, and covenanted for the quiet enjoyment of the premises, and that the same were free from encumbrances ; and that be the plaintiff immediately entered into possession of the premises and…
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Covenant against encumbrances. The plaintiff declared in covenant for that the defendants, on the 5th March, 1824, for and in consideration of $250, by deed granted and conveyed to him in fee, half an acre and 16 rods of land, in the village of Bloomingburgh, in the county of Sullivan, and covenanted for the quiet enjoyment of the premises, and that the same were free from encumbrances ; and that be the plaintiff immediately entered into possession of the premises and erected a dwelling house thereon, and made other improvements of the value of $2000. He then avers that at the time of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question upon this record is whether, in an action upon the covenant against encumbrances, the plaintiff is confined in his recovery to the amount paid by him as the consideration of the purchase, or whether he is also entitled to the enhanced value of the lot in consequence of improvements made upon it.
Where it is intended to convey a fee, it is usual to insert the following several covenants: 1. That the grantor is lawfully seised; 2. That he has good right" to convey; 3. That the premises are free from encumbrances ; 4. That the grantee shall quietly enjoy…
2Cases cited5 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Baldwin v. MunnNew York Supreme Court · 1829
- Crosby v. ParkerMassachusetts Supreme Judicial Court · 1808
- Chapel v. BullMassachusetts Supreme Judicial Court · 1821
3Cited by30 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Krumm v. . BeachNew York Court of Appeals · 1884
- Barnes v. . MottNew York Court of Appeals · 1876
- Blanchard v. ElyNew York Supreme Court · 1839
- Messer v. OestreichWisconsin Supreme Court · 1881
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