Bates v. Foster
Supreme Judicial Court of Maine
On REPORT. Covenant broken. In support of the action, the plaintiff put into the case a deed of warranty, with the usual covenants from-the defendant to the plaintiff, dated Nov. 21,1853, duly acknowledged and recorded, of which the part material to an understanding of this case was as follow's: “ Know all men by these presents.
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On REPORT. Covenant broken. In support of the action, the plaintiff put into the case a deed of warranty, with the usual covenants from-the defendant to the plaintiff, dated Nov. 21,1853, duly acknowledged and recorded, of which the part material to an understanding of this case was as follow's: “ Know all men by these presents. That I, C. B. Foster, of Richmond, in, the county of Lincoln and State of Maine, in consideration of one thousand dollars, to me paid by Josiah Bates of the aforesaid Richmond (the receipt whereof I do hereby acknowledge), do hereby give, grant, sell, and convey unto…
1Opinion of the CourtDaNfoutii, J.
This is an action for a breach of the usual covenants in a deed of warranty. Whether there has been any breach depends upon the construction to be given to the language used in describing the grant and the premises conveyed; for the covenants in a deed are limited in effect by the description of the grant. Hoxie v. Finney, 16 Gray, 332 and cases cited; Freeman v. Foster, 55 Maine, 508; Coe v. Persons Unknown, 43 Maine, 432.
The defendant’s deed, after the usual words of conveyance “ give, grant, sell, and convey,” followed by a description of the premisos, has thoso words, “ And moaning hereby…
2Cases cited1 opinion
- Chenery v. StevensMassachusetts Supreme Judicial Court · 1867
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