Holt v. Ruleau
Supreme Court of Vermont
Covenant. Heard, on general demurrer to the declaration, at the June Term, 1909, Bennington County, Waterman, J.. presiding. Demurrer sustained, and declaration adjudged insufficient. The plaintiff excepted. Case passed to the Supreme Court before final judgment. The opinion sufficiently states the questioned allegation.
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Covenant. Heard, on general demurrer to the declaration, at the June Term, 1909, Bennington County, Waterman, J.. presiding. Demurrer sustained, and declaration adjudged insufficient. The plaintiff excepted. Case passed to the Supreme Court before final judgment. The opinion sufficiently states the questioned allegation. The covenant in the deed declared upon that “I am the sole owner of the premises and have good right and title to convey the same” is a covenant of seisin and title. Marston v. Hobbs, 2 Mass. 433; Willard V. Twitched, 1 N. H. 177; Lockwood v. Sturdevant, 6 Conn. 373; Catlin…
1Opinion of the CourtRowell, C. J.
This is an action for breach of the covenant of sole ownership in a deed of land from the defendant to the plaintiff. The breach alleged is that the defendant was not the sole owner, but that the plaintiff was, and had been for a long time. The defendant demurs generally. Both parties treat the covenant as virtually a covenant of seisin, and we treat 11 so, inasmuch as under our law a covenant of seisin imports title, and is not satisfied by mere possession, as it is in some jurisdictions.
The question presented is, therefore, whether a grantee in a deed poll can establish a breach of the…
2Cases cited8 opinions
- Smiley v. FriesIllinois Supreme Court · 1882
- Fitch v. BaldwinNew York Supreme Court · 1819
- Sparrow v. . KingmanNew York Court of Appeals · 1848
- Furness v. WilliamsIllinois Supreme Court · 1849
- Richardson v. DorrSupreme Court of Vermont · 1833
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