Tymason v. Bates
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Bates sued Tymason for breach of the covenants of seisin and quiet enjoyment, contained in a deed of 128 acres of land,executed by Tymason to one-Calvin May, on the 30th May, 1812; Bates being the assignee of the covenants, in consequence of sundry mesne conveyances of the same premises, which are described in the deed as follows: “ All that certain piece or parcel of land, situate, lying and being in the town of Cherry Valley, in the county of…
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Error from the supreme court. Bates sued Tymason for breach of the covenants of seisin and quiet enjoyment, contained in a deed of 128 acres of land,executed by Tymason to one-Calvin May, on the 30th May, 1812; Bates being the assignee of the covenants, in consequence of sundry mesne conveyances of the same premises, which are described in the deed as follows: “ All that certain piece or parcel of land, situate, lying and being in the town of Cherry Valley, in the county of Otsego and state of New-York, known and distinguished as the farm or subdivision No. one, of lot No. sixty, in the…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
The question to be determined in this case is, not what land Tymason intended to convey to Calvin May by his deed of November, 1812, but what land is actually covered by the description and boundaries contained in the. deed itself. The land conveyed by Tymason was deeded to him by the same description, word for word, by the deeds of John Jay and others, in March, 1808 ; and it was afterwards conveyed, by the same description, in the deed from May to Hammond, and in the subsequent conveyances to Phenis and Bates. As Bates claims the right…
2Cases cited7 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Whiteside v. JacksonNew York Supreme Court · 1828
- Bartlet v. DelpratMassachusetts Supreme Judicial Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Andreu v. WatkinsSupreme Court of Florida · 1890
- Armstrong v. . DuboisNew York Court of Appeals · 1882
- Violette v. RiceMassachusetts Supreme Judicial Court · 1899