Townsend v. Weld
Massachusetts Supreme Judicial Court
Covenant broken on a deed of the defendant to the plaintiff, made, for the consideration of 1676 dollars, to convey part of a messuage, &c., with covenants of a lawful seisin, good right to sell, premises free of all encumbrances, &c.
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Covenant broken on a deed of the defendant to the plaintiff, made, for the consideration of 1676 dollars, to convey part of a messuage, &c., with covenants of a lawful seisin, good right to sell, premises free of all encumbrances, &c. The plaintiff avers that the defendant was not lawfully seised, that the premises were not free of encumbrances, and that Gillam Taylor had recovered the premises in a suit against the plaintiff, and ejected him by a lawful title. — The defendant pleads in bar, that Townsend, at the time of the conveyance, knew of the deed of defeasance under which Taylor…
1Opinion of the Court
Curia.
This was an attempt to control the effect of a written and sealed instrument, by parole evidence, which is never permitted. Supposing this encumbrance known, it was still competent to the defendant to covenant with his grantee to save him harmless from its effects; and if such was not his intention, he should have ex cepted it out of his general covenants.
Judgment on the verdict
2Cited by22 opinions
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Flynn v. BourneufMassachusetts Supreme Judicial Court · 1887
- Demars v. KoehlerSupreme Court of New Jersey · 1898
- Herzog v. . MarxNew York Court of Appeals · 1911
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