Van Slyck v. Kimball
New York Supreme Court
THIS was an action of covenant. The declaration stated that the defendant, by his deed, dated the 13th of January, 1807,. covenanted with the plaintiff to indemnify and s.ave hicn harmless from all demands, dues or damages whatsoever; which should or might happen or arise to him, for or on account of a mortgage executed by one Julius Shaw'to ,one John White, for the whole of the western quarter of lot JNo. 41. in Springfield.
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THIS was an action of covenant. The declaration stated that the defendant, by his deed, dated the 13th of January, 1807,. covenanted with the plaintiff to indemnify and s.ave hicn harmless from all demands, dues or damages whatsoever; which should or might happen or arise to him, for or on account of a mortgage executed by one Julius Shaw'to ,one John White, for the whole of the western quarter of lot JNo. 41. in Springfield. The plaintiff averred that, at the time he was seised of the westerly half of the westerly quarter óf the said lot, containing 25 acres, and that Wnite, the mortgagee,…
1Per curiam
A covenant “ to indemnify and save harmless from all demands, dues and damages whatsoever, which might happen or arise on account of a certain mortgage,” is tantamount to a covenant for quiet enjoyment against the mortgage, and the plaintiff must show an eviction under the mortgage. The case comes within the principle of the decisions in Waldron v. McCarty, (3 Johns. Rep. 471.) and of Kortz v. Carpenter. (S Johns. Rep. 120.) Judgment must be rendered "for the defendant.
2Cited by5 opinions
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