Butler v. Gale
Supreme Court of Vermont
Deed of the north half of a lot; its construction. Highway, an incumbrance upon the land it crosses. Admissibility of parol evidence. Relief at law. Covenant Broken.
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Deed of the north half of a lot; its construction. Highway, an incumbrance upon the land it crosses. Admissibility of parol evidence. Relief at law. Covenant Broken. The defendant, on the 1st day of January, 1852, deeded to the plaintiff a piece of land in Barre, which was described in the deed, which contained the usual covenants of seizin and against incumbrances, as “ being one-half, that is, the “ north half of the first division lot drawn to the original right of “ Obadiah Noble.” The declaration counted upon a breach of the covenant of seizin as to the whole of the north half of the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This is an action upon the covenant against incumbrances, in a deed of land. The deed described the land as the north half of a certain lot, which lot appeared in evidence to *743fee in rectangular form, with its sides corresponding nearly with the cardinal points. The defendant, at the time of the conveyance, was in possession of the north part of the lot, but not of half the lot, in quantity, and this was known to the plaintiff, at the time, and before the conveyance. The defendant offered to prove that, fey the agreement of the parties,…
2Cases cited3 opinions
- Whitbeck v. CookNew York Supreme Court · 1818
- Kellogg v. IngersollMassachusetts Supreme Judicial Court · 1806
- Patterson v. ArthursSupreme Court of Pennsylvania · 1839
3Cited by19 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Burk v. HillIndiana Supreme Court · 1874
- Harrison v. Des Moines & Ft. Dodge Railway Co.Supreme Court of Iowa · 1894
- Stuhr v. ButterfieldSupreme Court of Iowa · 1911
- Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
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