Chamberlain v. Preble
Massachusetts Supreme Judicial Court
Contract brought to recover damages for the breach of a covenant of warranty contained in a deed of land given by the defendant to James W. Baldwin, who in his turn conveyed the land to the plaintiff with a like covenant.
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Contract brought to recover damages for the breach of a covenant of warranty contained in a deed of land given by the defendant to James W. Baldwin, who in his turn conveyed the land to the plaintiff with a like covenant. At the trial in the superior court, before Ames, J., without a jury, the following facts appeared : On the 4th of April 1846, Nathaniel C. Woodman conveyed the premises to Mary W. Comer, wife of George N. Comer, to have and to hold the same to her sole and separate use, free from the interference or control of her husband. On the 18th of November 1846, she conveyed the same…
1Opinion of the CourtColt, J.
The plaintiff in support of his action, and to show a paramount title in Comer, in land conveyed with warranty by the defendant to Baldwin, under whom the plaintiff claims by warranty deed, produced a judgment recovered against him in a writ of entry in favor of Comer. Comer v. Chamberlain, 6 Allen, 166. When that suit was brought, the present plaintiff notified his immediate grantor, Baldwin, who assumed the defence, employed counsel therein, and notified the defendant, Preble, of the pendency of the action, and requested him to assume the defence. It does not appear that Preble took any…
2Cases cited4 opinions
- Miner v. ClarkNew York Supreme Court · 1836
- Priest v. CummingsNew York Supreme Court · 1838
- Lawrence v. StrattonMassachusetts Supreme Judicial Court · 1850
- Jackson ex dem. Vredenburgh v. MarshNew York Supreme Court · 1830
3Cited by2 opinions
- Municipal Service Real Estate Co. v. D. B. & M. Holding Corp.New York Court of Appeals · 1931
- Vermeule v. BrazerSupreme Judicial Court of Maine · 1930