Withy v. Mumford
New York Supreme Court
On demurrer to the declaration. This was of a plea of breach of covenant; and stated that on the 21st of February, 1814, the defendant, by indenture between him and one Hamden, did grant,- &e. to Harnden in fee, certain lands, (describing them); and that he did covenant, &c. with Harnden, his heirs and assigns, &c. to warrant and defend the premises, The defendant craved oyer of the indenture between Harnden and the plaintiff, which was granted; and the indenture set forth,…
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On demurrer to the declaration. This was of a plea of breach of covenant; and stated that on the 21st of February, 1814, the defendant, by indenture between him and one Hamden, did grant,- &e. to Harnden in fee, certain lands, (describing them); and that he did covenant, &c. with Harnden, his heirs and assigns, &c. to warrant and defend the premises, The defendant craved oyer of the indenture between Harnden and the plaintiff, which was granted; and the indenture set forth, contained a covenant of warranty from Hamden to the plaintiff, his heirs and assigns. 'For this cause, Demu n-er and…
1Opinion of the Court
Curia, per Savage, Ch. J.
The point on which the defendant relies, is, that the deed from Hamden to the plaintiff containing a covenant of warranty, he cannot sue as assignee.
In the days of Lord Coke, the law was understood differently. He says, “ if a man enfeoffeth A, to have and to hold to him, his heirs and assigns; A enfeoffeth B and his heirs; B dieth, the heir of B shall vouch as assignee to A ; so as heirs of assignees, and assignees of assigns, and assignees of heirs, are within this word (assigns); which seemed to be a question in Bracton’s time. And the assignee shall not only…
2Cases cited2 opinions
- Greenby v. WilcocksNew York Supreme Court · 1806
- Kane v. SangerNew York Supreme Court · 1817
3Cited by13 opinions
- Burt v. . DeweyNew York Court of Appeals · 1869
- Eustis v. FosdickTexas Supreme Court · 1895
- Clement v. Bank of RutlandSupreme Court of Vermont · 1889
- Real v. HollisterNebraska Supreme Court · 1885
- Clarke v. PriestAppellate Division of the Supreme Court of the State of New York · 1897
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