Legal Opinion

Whitney v. Lewis

New York Supreme Court

Decided May 15, 1839PublishedCited by 16 opinions

Bemukrek. to declaration. The plaintiff declared in debt on bond dated 4th March, 1836, in the penal sum of ¿1)5000, conditioned for the payment of §2500, in six equal annual instalments, with interest The defendants pleaded L Non estfactum ; and, 2. That before the execution and delivery of the bond, to wit, on the said 4th March, 1836, the plaintiff and his wife, by deed of that date, for the consideration of §2500, did grant, bargain, sell, &c. unto the defendants, their…

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Bemukrek. to declaration. The plaintiff declared in debt on bond dated 4th March, 1836, in the penal sum of ¿1)5000, conditioned for the payment of §2500, in six equal annual instalments, with interest The defendants pleaded L Non estfactum ; and, 2. That before the execution and delivery of the bond, to wit, on the said 4th March, 1836, the plaintiff and his wife, by deed of that date, for the consideration of §2500, did grant, bargain, sell, &c. unto the defendants, their heirs and assigns for ever, a certain piece of land in the village of Oswego; and the plaintiffs, by the deed,…

1Opinion of the Court

By the Court,

Bronson, J.

Fraud is not alleged. The plea only amounts to this—the plaintiff, knowing that the fee of the land was in a third person, conveyed the same to the defendants, with a covenant for quiet enjoyment. There is no allegation that the plaintiff made any false re-> presentation, or any representation whatever concerning the title. For aught that appears, the defendants knew as much about the title as the plaintiff; and the one party may have been as willing to take the deed and trust to the covenant, as the other was to give it. The conclusion which the defendants draw, that…

2Cases cited1 opinion

  1. Lattin v. VailNew York Supreme Court · 1837

3Cited by16 opinions

  1. Lamerson v. MarvinNew York Supreme Court · 1850
  2. Timms v. Shannon ex rel. ShannonCourt of Appeals of Maryland · 1862
  3. Vernam v. . SmithNew York Court of Appeals · 1857
  4. Mickler v. ReddickSupreme Court of Florida · 1896
  5. Tallmadge v. WallisNew York Supreme Court · 1840

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