Clement v. Bank of Rutland
Supreme Court of Vermont
This was an action of covenant, counting upon a deed executed by the defendant to the plaintiff. Flea, non est factum, with notice of special matter. Trial by court at September term, 1888, Boyce, Ch. J., presiding. The plaintiff sought to recover the value of a strip eight inches wide, with the portion of the wall standing thereon, which he claimed was embraced in the deed to him, but which the defendant did not then own, having previously conveyed the same to one Quinn.
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This was an action of covenant, counting upon a deed executed by the defendant to the plaintiff. Flea, non est factum, with notice of special matter. Trial by court at September term, 1888, Boyce, Ch. J., presiding. The plaintiff sought to recover the value of a strip eight inches wide, with the portion of the wall standing thereon, which he claimed was embraced in the deed to him, but which the defendant did not then own, having previously conveyed the same to one Quinn. The report of Rowell was dated November 22,1878.. The deed to Quinn was dated July 29th, 1879, and was duly recorded ; and…
1Opinion of the Court
*301The opinion of the court was delivered by
Rowell, J.
The defendant claims that as the pleadings show that the plaintiff conveyed the premises before this suit was brought, he cannot maintain the action, as he had no interest m the property. But this .does not defeat his right to maintain the action on the covenant of seizin, for that covenant, if broken at all, was broken when made, and became and was a non-assignable chose in action, npon which no one can sue but the plaintiff or his personal representative.
If the plaintiff conveyed the land before the covenant of warranty was broken, it may…
2Cases cited8 opinions
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Benedict v. GaylordSupreme Court of Connecticut · 1836
- Wilder v. Davenport's EstateSupreme Court of Vermont · 1886
- Withy v. MumfordNew York Supreme Court · 1825
- Williams v. WetherbeeSupreme Court of Vermont · 1826
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Wood v. JamesSupreme Court of Vermont · 1918
- Parrow v. ProulxSupreme Court of Vermont · 1940
- Parker v. BeasleyNew Mexico Supreme Court · 1936
- Chaffee's Sons v. Estate of BlanchardSupreme Court of Vermont · 1933
5 more not listed; retrieve them via the Exa API.