Pingrey v. Watkins
Supreme Court of Vermont
This was an action of covenant broken, for non-payment of rent, in which the plaintiff declared, that on the 13th of February, 1833, he, with his wife, Rebecca Pingrey, executed to Charles W. Watkins, his heirs and assigns, for and during the natural life of said Rebecca, a lease of “ all ‘ that certain part of the real estate of Elias Watkins, senior, ‘ late of Chester, deceased, that was set off to said Rebecca, ‘ as widow of the deceased, as her thirds, lying and being £…
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This was an action of covenant broken, for non-payment of rent, in which the plaintiff declared, that on the 13th of February, 1833, he, with his wife, Rebecca Pingrey, executed to Charles W. Watkins, his heirs and assigns, for and during the natural life of said Rebecca, a lease of “ all ‘ that certain part of the real estate of Elias Watkins, senior, ‘ late of Chester, deceased, that was set off to said Rebecca, ‘ as widow of the deceased, as her thirds, lying and being £ in Chester aforesaid, together with the buildings thereon, ‘ as set to her by a committee appointed for that purpose,”…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The case must turn upon the effect, and operation, of the deed from Charles W. Watkins to the defendant. A question is made in the argument, whether that deed operated at all upon the leasehold interest of the grantor. It was a deed of release and quitclaim, in common form, of all the grantor’s “ right, title, interest, property, estate and demand, in, and to, certain tracts, pieces and parcels of land,” &c. And, according to the operation always given to this species of conveyance, in Vermont, every estate and interest which the grantor had…
2Cases cited2 opinions
- Palmer v. OakleyMichigan Supreme Court · 1847
- Byrne v. BeesonMichigan Supreme Court · 1843
3Cited by2 opinions
- Pingry v. WatkinsSupreme Court of Vermont · 1845
- Johnson v. DesmaraisSupreme Court of Vermont · 1921