Whitney v. Dinsmore
Massachusetts Supreme Judicial Court
This was an action of covenant, on the covenants against incumbrances and of general warranty, contained in a deed of land from the defendant to Jonathan Barnard.
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This was an action of covenant, on the covenants against incumbrances and of general warranty, contained in a deed of land from the defendant to Jonathan Barnard. The defendant, on the 10th of October, 1846, being then seized in fee of the estate alluded to, conveyed the same by deed to Jonathan Barnard, in fee, with covenants, that the premises were free from all incumbrances, excepting a certain mortgage described in the deed; that the defendant was lawfully seized in fee of the premises, and had good right to sell and convey the same to the grantee; and that he would warrant and defend the…
1Opinion of the CourtWilde, J.
This is an action of covenant broken, on the covenant against incumbrances, and the covenant of warranty, contained in a deed of conveyance of land to one Jonathan Barnard by the defendant, which was afterwards conveyed to the plaintiff.
As to the covenant, against incumbrances; it is clear, that this action cannot be maintained thereon. If there has been *128any breach of that covenant, it was broken immediately on the delivery of the deed, and so became a chose in action, which by law was not assignable.
But the covenant of warranty was prospective, and was not broken before the conveyance to the…
2Cases cited3 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Hutcheson v. BlakemanCourt of Appeals of Kentucky · 1860
- Hall v. DeanNew York Supreme Court · 1816
3Cited by2 opinions
- Reed v. StevensSupreme Court of Connecticut · 1919
- Doyle v. GrayMassachusetts Supreme Judicial Court · 1872