McKillop v. Burton's Admr.
Supreme Court of Vermont
Covenant. Heard on demurrers to the declaration at the September Term, Franklin County, Powers, J., presiding. Demurrers overruled and declaration adjudged sufficient. The defendants excepted. The opinion states the case. In no case can the executor and heir be sued jointly. 1 Chit. PI. 61. The heirs and devisees of the covenantor are not liable for the covenantor’s covenants where the personal estate is sufficient to pay the debt.
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Covenant. Heard on demurrers to the declaration at the September Term, Franklin County, Powers, J., presiding. Demurrers overruled and declaration adjudged sufficient. The defendants excepted. The opinion states the case. In no case can the executor and heir be sued jointly. 1 Chit. PI. 61. The heirs and devisees of the covenantor are not liable for the covenantor’s covenants where the personal estate is sufficient to pay the debt. Woods v. Ely, 7 S. Dak. 471; Tabb v. Benford, 26 Am. Dee. 317. The covenant of warranty is a covenant real which binds the heir as to assets real by descent, and…
1Opinion of the CourtWatson, J.
The covenant alleged to have been broken is contained in a deed dated December 9, 1891, duly executed, acknowledged and recorded, from Oscar A. Burton to William Gordon in and by which deed the said Burton did- covenant and engage for himself, his heirs, executors and administrators with the said Gordon, his heirs, executors, administrators and assigns that he, Burton, would warrant and defend the land and premises in said deed described, to said Gordon, his heirs and assigns, against all lawful claims and demands of any person or persons whomsoever. Immediately on receipt of the above…
2Cases cited8 opinions
- Greenby v. WilcocksNew York Supreme Court · 1806
- Turner v. GoodrichSupreme Court of Vermont · 1853
- Powers v. Powers' EstateSupreme Court of Vermont · 1885
- Blackmer v. BlackmerSupreme Court of Vermont · 1833
- Cunningham v. Town of Orange & School District No. 2Supreme Court of Vermont · 1902
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3Cited by3 opinions
- Kreichman v. Webster, Admr.Supreme Court of Vermont · 1938
- O'Connor v. Estate of LapeSupreme Court of Vermont · 1939
- In re Smith's WillSupreme Court of Vermont · 1921