Legal Opinion

Wilder v. Davenport's Estate

Supreme Court of Vermont

Decided February 15, 1886PublishedCited by 13 opinions

Action of covenant. Heard on a referee’s report, September Term, 1885, Royce, Ch. J., presiding. Judgment that the plaintiff recover for both of the sums reported by the referee. The action was brought to recover damages of the defendant’s estate for the alleged breach of the covenant contained in a warranty deed from Charles N. Davenport to A. H. Potter, dated July 18,- 1871, as set forth in his declaration. The plaintiff gave said deed in evidence.

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Action of covenant. Heard on a referee’s report, September Term, 1885, Royce, Ch. J., presiding. Judgment that the plaintiff recover for both of the sums reported by the referee. The action was brought to recover damages of the defendant’s estate for the alleged breach of the covenant contained in a warranty deed from Charles N. Davenport to A. H. Potter, dated July 18,- 1871, as set forth in his declaration. The plaintiff gave said deed in evidence. It was given to convey certain lands situated in the towns of Searsburgand Readsboro in Bennington county, described as follows : ‘ ‘ Bounded…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

The covenant to warrant and defend is a covenant running with the land and is assignable. The declaration declares upon a breach of this covenant in the *645deed of Davenport to Potter in 1871. The referee finds in effect there was such breach provided the deed conveyed to the Woodford east line. The first question is as to the construction of the descriptive clause of that deed. The description on the west is this : “ and west by Woodford line;” but this, after saying, ££ supposed to contain 140 acres more or less,” is followed by further…

2Cases cited5 opinions

  1. Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
  2. Potter v. WashburnSupreme Court of Vermont · 1841
  3. Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
  4. Hooper v. WilsonSupreme Court of Vermont · 1839
  5. Beach v. StearnsSupreme Court of Vermont · 1825

3Cited by13 opinions

  1. Blondin v. BrooksSupreme Court of Vermont · 1910
  2. Limoge v. People's Trust Co.Supreme Court of Vermont · 1998
  3. Parrow v. ProulxSupreme Court of Vermont · 1940
  4. CarLee v. EllsberrySupreme Court of Arkansas · 1907
  5. Maker v. LazellSupreme Judicial Court of Maine · 1891

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