Somerville's Executors v. Hamilton
Supreme Court of the United States
/ This was an action of covenant brought in the Circuit TJourt of North Carolina, by the executors of John Somerville, the younger, against John Hamil-, ton, on the following covenants in a deed of land, in North Carolina, from Hamilton to John Somerville, the elder, dated April 15th, 1772, The grantor co~ venanted with the grantee, his heirs, and assigns, that the premises “ then were, ánd so forever thereafter should remain, free and clear of and from all former and other…
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/ This was an action of covenant brought in the Circuit TJourt of North Carolina, by the executors of John Somerville, the younger, against John Hamil-, ton, on the following covenants in a deed of land, in North Carolina, from Hamilton to John Somerville, the elder, dated April 15th, 1772, The grantor co~ venanted with the grantee, his heirs, and assigns, that the premises “ then were, ánd so forever thereafter should remain, free and clear of and from all former and other gifts, bargains, sales, dower, right and title of dower, judgments, executions, title, troubles, charges, and.…
1Opinion of the Court
The opinion of the Court was delivered at the present term by
Mr. Justice Story.
Upon'the special verdict in this case, the judges in the Court below differed in opinion on two points, which are certified to this Court for a final decision:
1. Whether the plaintiffs were bound to show that Benjamin Sherrod recovered against Thomas B. Hill by title paramount to that derived from Hamilton, or the recovery itself was prima facie evidence of that fact ?
2. Whether the title shown by Thomas B. Hill under Hamilton was not so complete as to prove that Sherrod’s recovery could not be by title paramount ?
U…
2Cases cited1 opinion
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