Perkins v. Pitts
Massachusetts Supreme Judicial Court
Covenant broken, in which the plaintiffs declare upon a deed duly executed by the defendant on the 20th of July, 1801, whereby, for the consideration of 300 dollars, he bargained, sold, and conveyed to the plaintiffs a small parcel of land in Biddeford; and wherein he covenanted with the plaintiffs, that, at the time of the execution of the deed, he was seised in fee of the granted premises, had good fight to sell and convey the same, and that he would' warrant and defend…
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Covenant broken, in which the plaintiffs declare upon a deed duly executed by the defendant on the 20th of July, 1801, whereby, for the consideration of 300 dollars, he bargained, sold, and conveyed to the plaintiffs a small parcel of land in Biddeford; and wherein he covenanted with the plaintiffs, that, at the time of the execution of the deed, he was seised in fee of the granted premises, had good fight to sell and convey the same, and that he would' warrant and defend the same to the plaintiffs against the lawful claims of all persons. The plaintiffs then allege that the defendant was not…
1Opinion of the CourtSewall, C. J.
In this action of covenant broken, a verdict has been taken for the plaintiffs, subject to the opinion of the Court upon the questions made and reserved at the trial, as to the competency of the evidence, and the legal result of the facts proved. These questions are to be examined, in order to determine whether the defendant is or is not liable; and as the determination shall be, either judgment will be rendered on the verdict, or the verdict will be set aside, and a new trial is then to be granted, on the motion of the defendant.
The defendant is charged upon certain alleged covenants of…
2Cases cited7 opinions
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
- Gray v. JenksU.S. Circuit Court for the District of Maine · 1825
- Inches v. LeonardMassachusetts Supreme Judicial Court · 1815
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3Cited by20 opinions
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Parker v. . BanksSupreme Court of North Carolina · 1878
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Martin v. JacksonSupreme Court of Pennsylvania · 1856
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
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