Marston v. Hobbs
Massachusetts Supreme Judicial Court
This was an action of covenant hr oleen, brought upon a deed, purporting a conveyance, from the defendant to the plaintiff, of two hundred acres of land in Effingham,, in the state of New Hampshire, in fee simple, for the consideration of 133 dollars 33 cents.
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This was an action of covenant hr oleen, brought upon a deed, purporting a conveyance, from the defendant to the plaintiff, of two hundred acres of land in Effingham,, in the state of New Hampshire, in fee simple, for the consideration of 133 dollars 33 cents. The covenants recited in the declaration were that, at the time of executing the deed, the defendant was lawfully seised in fee. of the premises ; that they were free of all encumbrances; that he had good right to convey the same ; and that he would warrant and •defend them to the plaintiff against the lawful claims of all persons. The…
1Opinion of the Court
The cause was continued for advisement, and now at this term the opinion of the Court was delivered by
Parsons, C. J.
(After a concise recital of the pleadings, trial, and exceptions.) As actions to recover damages for the [ *437 ] * breaches of covenants contained in deeds of conveyance of land are very frequent in this part of the country, and as the principles on which such actions are to be maintained seem not to be generally understood, it may be expedient to consider the subject more at large than perhaps is necessary for determining the validity of the exceptions filed in this case.
The…
2Cases cited31 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Duvall v. CraigSupreme Court of the United States · 1817
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Pollard & Pickett v. DwightSupreme Court of the United States · 1808
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
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3Cited by81 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Baldwin v. MunnNew York Supreme Court · 1829
- Beddoe's v. WadsworthNew York Supreme Court · 1839
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