Gleason v. M'Vickar
New York Supreme Court
Covenant ; tried at the Saratoga circuit, December 2d, 1825; before Williams, C, Judge. The action was upon a covenant, contained in a deed of' conveyance from the defendant to the plaintiffs, that the premises contained at least 80 acres. The declaration set forth the covenant; and averred that the farm'conveyed did not contain more than 50 acres. The plea was, that it did contain more than 50 acres, that is to say, 90 acres, and concluded with a verification.
Read the full summary
Covenant ; tried at the Saratoga circuit, December 2d, 1825; before Williams, C, Judge. The action was upon a covenant, contained in a deed of' conveyance from the defendant to the plaintiffs, that the premises contained at least 80 acres. The declaration set forth the covenant; and averred that the farm'conveyed did not contain more than 50 acres. The plea was, that it did contain more than 50 acres, that is to say, 90 acres, and concluded with a verification. Replication, that the farm. did not contain 80 acres, nor more than 50. On the trial, the plaintiff proved that the farm contained 57…
1Opinion of the CourtSutherland, J.
The question is, what was the issue joined? Was it upon the 50, or upon the 80 acres?
The general rule in relation to allegations under a videlicet, or scilicet, seems to be this: if they be impossible, or contrary or repugnant to the preceding matter, they shall be rejected as surplusage and void; But where they are used to explain what goes before them, and are consistent with the preceding matter, there they are material *43and traversable. It is the office of a videlicit, says Lord 1 " Hobart, in Stukeley v. Butler, (Hob. 172,) to particularise that which before is general, or distribute that…
2Cases cited2 opinions
- Vail v. LewisNew York Supreme Court · 1809
- Paine v. FoxMassachusetts Supreme Judicial Court · 1819
3Cited by15 opinions
- Federal Trade Commission v. H.G. KuykendallCourt of Appeals for the Tenth Circuit · 2004
- Clark v. Employers' Liability Assurance Co.Supreme Court of Vermont · 1900
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
- Lewis v. HitchcockDistrict Court, S.D. New York · 1882
- State v. AllisSupreme Court of Arkansas · 1857
10 more not listed; retrieve them via the Exa API.