Turner v. Goodrich
Supreme Court of Vermont
Assumpsit on certain promissory notes. The defendant among other things, pleaded an offset founded on the breaches of covenant, in a certain deed from the plaintiffs to the defendant. The case was referred under a rule of court to a referee. The question raised and decided in this case, sufficiently appears, without any further statement of the facts, from the opinion of the court.
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The .question involved in this case is, whether an outstanding title, at the time of entering into a covenant of warranty, which is elder and better than that of the covenantor, and which is asserted by bringing .a suit against the covenantee, in possession of the land, and which he is compelled to buy in, to prevent being dispossessed of the land, amounts, in law, to a breach of the covenant. According to the old common *708law, after covenants of warranty came in use, instead of the more ancient feudal remedy, by wccrrantia ehartce an…
2Cases cited3 opinions
- Pitkin v. LeavittSupreme Court of Vermont · 1841
- Brown v. TaylorSupreme Court of Vermont · 1841
- Williams v. WetherbeeSupreme Court of Vermont · 1826
3Cited by10 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Albright v. FishSupreme Court of Vermont · 1980
- McGary v. HastingsCalifornia Supreme Court · 1870
- Mason v. KelloggMichigan Supreme Court · 1878
- Boyd v. BartlettSupreme Court of Vermont · 1863
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