Foster v. Wilcox
Supreme Court of Rhode Island
Action of covenant to recover damages for a breach of covenant of quiet enjoyment given by the defendants’ ancestor. The facts of the case and the defences to the action relied on by the defendants are stated in the opinion of the court.
1Opinion of the Court
Dubfee,;M.
This is an action to recover damages for the breach of a covenant of quiet enjoyment contained in a lease to the plaintiff, executed May 26, 1840, by Horace A. Wilcox and Sally B. Wilcox, his wife. The plaintiff was evicted from a portion of the demised premises by the holders of the rightful title, in August, 1861, during the continuance of the lease, and in the lifetime of the lessors. The action is prosecuted against the defendants as the heirs at law and devisees of the said Sally B. Wilcox. The case is tried to the court, trial by jury having been waived.
The first question…
2Cases cited5 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Goulding v. . DavidsonNew York Court of Appeals · 1863
- Watkins v. HalsteadThe Superior Court of New York City · 1849
- Franklin v. BeattyMississippi Supreme Court · 1854