Sedgwick v. Hollenback
New York Supreme Court
time to time, and at all times thereafter, peaceably and THIS was an action of covenant. The declaration stated, that the defendant by his deed, dated the 14th of 7utyi ISO?, in consideration of 800 dollars, granted, bargained, sold and conveyed to the plaintiff a piece of land, ° J . 1 1 7 &c. and in and by the said deed covenanted with the plaintiff that the defendant was well seised, &c. and had good right to sell, &c. and that the plaintiff should from duietty have,…
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time to time, and at all times thereafter, peaceably and THIS was an action of covenant. The declaration stated, that the defendant by his deed, dated the 14th of 7utyi ISO?, in consideration of 800 dollars, granted, bargained, sold and conveyed to the plaintiff a piece of land, ° J . 1 1 7 &c. and in and by the said deed covenanted with the plaintiff that the defendant was well seised, &c. and had good right to sell, &c. and that the plaintiff should from duietty have, hold, occupy, possess and enjoy the said premises with the appurtenances, as above granted and 1 r bargained, and the…
1Per curiam
The three first breaches in the declara» tjon are weq assigned. The two first are in the words of the covenant, and the third states, that the defendant himself entered and evicted the plaintiffs. In the case of a covenant for quiet enjoyment, an entry by the covenantor himself, tortiously and without title, is a breach. This was the doctrine in Corus’s case, (Cro. Eliz. 544, 1 Roll. Abr. 430. pl. 11.) and it was very pointedly and' strongly laid down in Crosse v. Young. (2 Show. 415.) But as the fourth breach, which was upon the covenant of warranty, does not state any eviction whatever, it…
2Cited by19 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Woolley v. . NewcombeNew York Court of Appeals · 1882
- Ingalls v. EatonMichigan Supreme Court · 1872
- Poley v. LacertOregon Supreme Court · 1899
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