Cooper v. Watson
New York Supreme Court
This was an action of covenant, tried at the Seneca circuit, in June, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The action was for the breach of the covenant of warranty, contained in a deed bearing date in 1810, executed by the defendant to one Vanderbelt, who subsequently conveyed to the plaintiff.
Read the full summary
This was an action of covenant, tried at the Seneca circuit, in June, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The action was for the breach of the covenant of warranty, contained in a deed bearing date in 1810, executed by the defendant to one Vanderbelt, who subsequently conveyed to the plaintiff. The declaration sets forth an eviction of the plaintiff by Samuel W. Dexter and others, by due process of law, against the will of the plaintiff, Dexter and others having lawful right and title, &c. The defendant pleaded, 1. Non est factum; %. Jlctio non because on &c, at…
1Opinion of the Court
By the Court,
Sutherland, J.
The issues to be tried were, 1. The general issue, with notice; 2. The issue joined upon the defendant’s second special plea of a voluntary surrender of the premises by the plaintiff without suit or lawful eviction. The defendant held the affirmative of the second issue; and all the plaintiff had to do to sustain the first, was to prove the execution of the defendant’s deed with the covenant of warranty. The plea of non est factum in covenant or *205debt on specialty only puts the execution of the deed in issue, and not the breach of covenant or any matter of defence.…
2Cases cited1 opinion
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
3Cited by9 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Biwer v. MartinIllinois Supreme Court · 1920
- Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
- Sisk v. WoodruffIllinois Supreme Court · 1853
- Leman v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1907
4 more not listed; retrieve them via the Exa API.