Kellogg v. Robinson
Supreme Court of Vermont
This was an action of covenant broken, and in the county court came up for trial upon demurrer to the declaration, which was in substance, that the defendant, by deed dated October 12th, 1824, conveyed to the plaintiff, his heirs and assigns, a certain lot of land in Bennington, in which was contained, among others, a covenant in common form, against incumbrances.— The breach is assigned as follows: “ Yet the said Susannah did not keep her said covenant, but has broken the…
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This was an action of covenant broken, and in the county court came up for trial upon demurrer to the declaration, which was in substance, that the defendant, by deed dated October 12th, 1824, conveyed to the plaintiff, his heirs and assigns, a certain lot of land in Bennington, in which was contained, among others, a covenant in common form, against incumbrances.— The breach is assigned as follows: “ Yet the said Susannah did not keep her said covenant, but has broken the same; for the said Henry says, that at the time of the execution of said deed, the said land was not free from all…
1Opinion of the Court
The opinion of the court was pronounced by
Phelps, J.
— The sufficiency of this declaration depeuds upon the inquiry, whether it shows, upon its face, a subsisting legal incumbrance upon the land conveyed. It is argued on one side, that the “ stipulation,” as it is termed, in the deed from David Robinson to Noah Smith is in the nature of a mere personal covenant between the parties to that deed, not running with the land, nor binding upon the subsequent grantees. On the other hand, it is insisted, that the obligation attends the inheritance, and is of course an incumbrance upon the land, into…
2Cited by23 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Hartung v. WitteWisconsin Supreme Court · 1884
- Hazlett v. SinclairIndiana Supreme Court · 1881
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895
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