Comstock v. Smith
Massachusetts Supreme Judicial Court
This was a writ of entry, in which the demandants counted on their own" seisin within thirty years, and a disseisin by the tenant. The tenant pleaded three pleas.
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This was a writ of entry, in which the demandants counted on their own" seisin within thirty years, and a disseisin by the tenant. The tenant pleaded three pleas. In the third he alleged, that before the demandants had any thing in the demanded premises, one Jason Waters was seised thereof in his demesne as of fee', and while he was so seised, to wit, on October 12, 1818, the tenant bargained with him, by parol, for the purchase of the -same ; that then and afterwards, while Waters was so seised, the tenant paid him divers sums in part-execution of that bargain ; that Waters continued so…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. It is a well settled principle of the common law, that if one conveys lands or other real estate, with a general covenant of warranty against all lawful claims and demands, he cannot be allowed to set up against his grantee, or those claiming under him, any title subsequently acquired either by purchase or otherwise. Such new title will enure, by way of estoppel, to the use and benefit of his grantee, his heirs and assigns. This principle is founded in equity and justice, as well as the policy of the law. It is just that a party should not be…
2Cases cited1 opinion
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
3Cited by3 opinions
- Zandri v. TendlerSupreme Court of Connecticut · 1937
- Baumrin v. CournoyerDistrict Court, D. Massachusetts · 1976
- Turick v. ErdmannNew Jersey Court of Chancery · 1933