Slater v. Rawson
Massachusetts Supreme Judicial Court
This was an action of covenant broken, to recover damages for breach of a covenant of warranty contained in a deed made by the defendant to Samuel Slater and John Tyson, dated March 5th 1821, and purporting to convey to them one hundred and thirty acres and seventeen rods, more or less, of land in Oxford Gore, now a part of the town of Webster.
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This was an action of covenant broken, to recover damages for breach of a covenant of warranty contained in a deed made by the defendant to Samuel Slater and John Tyson, dated March 5th 1821, and purporting to convey to them one hundred and thirty acres and seventeen rods, more or less, of land in Oxford Gore, now a part of the town of Webster. Wilde, J., before whom the trial was had, reported the case, as follows: The plaintiffs claimed title to the land, as assignees of said Slater & Tyson. Tyson devised his portion thereof to Ebenezer and Susan Collins, who conveyed the same to said…
1Opinion of the CourtWilde, J.
At a former hearing of this cause, (1 Met. 450,) *443i. was decided that this action could not be maintained for a breach of the covenant of warranty in the deed of conveyance from the defendant to Slater & Tyson, from whom the plaintiffs derive their title as assignees; because, on the facts then reported, it appeared that the defendant was never seized of the premises described in the said deed, and consequently no estate passed thereby, and that the covenant of warranty did not attach to the land and run with it. On the new trial since had, the plaintiffs introduced evidence to prove that the…
2Cases cited7 opinions
- Newhall v. WheelerMassachusetts Supreme Judicial Court · 1810
- Terrill v. JenningsCourt of Appeals of Kentucky · 1858
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
- Bearce v. JacksonMassachusetts Supreme Judicial Court · 1808
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1810
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3Cited by3 opinions
- United States v. Certain Land Located in the County of BarnstableDistrict Court, D. Massachusetts · 1970
- Bowne v. ColtNew York Surrogate's Court · 1916
- Bowne v. ColtAppellate Division of the Supreme Court of the State of New York · 1916