Mygatt v. . Coe
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1896, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on a trial without a jury, and dismissed the complaint upon the merits. This action >was brought to recover damages for alleged breach of covenants of quiet enjoyment and warranty. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1896, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on a trial without a jury, and dismissed the complaint upon the merits. This action >was brought to recover damages for alleged breach of covenants of quiet enjoyment and warranty. The facts, so far as material, are stated in the opinion. For reports of the case on former appeals, see 124 ¡N. Y. 212; 142 1ST. Y. 78; 147 K Y. 456. The defendant’s liability is absolutely fixed by…
1Opinion of the CourtO’Brien, J.
The question of law in this case has been so fully discussed in this court and in the courts below on former appeals that very little is left to be said that would he pertinent now.
A married woman, who had purchased and paid for a piece of real estate which was conveyed to her for her sole and separate use, free and clear from any control of her husband, lived in the house for several years with her husband, and, on April 12th, 1867, supposing that she had a good title, sold the same to one Nancy Fisher, executing a conveyance thereof containing the usual covenants of warranty and quiet…
2Cases cited4 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Mygatt v. . CoeNew York Court of Appeals · 1895
3Cited by14 opinions
- City of Birmingham v. GrahamSupreme Court of Alabama · 1918
- Graham v. GrahamSupreme Court of Alabama · 1918
- Geiszler v. . De GraafNew York Court of Appeals · 1901
- Bull v. BeisekerNorth Dakota Supreme Court · 1907
- Wallace v. PerelesWisconsin Supreme Court · 1901
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