Burbank v. Pillsbury
Supreme Court of New Hampshire
This is an action of covenant broken, founded upon the covenant against incumbrances, the covenant of seisin, the covenant that the defendant had full power and lawful authority to sell and convey in the manner he assumed to do, and the covenant of general warranty, all contained in a warranty deed, executed by the defendant to the plaintiff and dated the seventh day of April, 1868, in common form, purporting to convey to the plaintiff a small tract of land in Haverhill; in…
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This is an action of covenant broken, founded upon the covenant against incumbrances, the covenant of seisin, the covenant that the defendant had full power and lawful authority to sell and convey in the manner he assumed to do, and the covenant of general warranty, all contained in a warranty deed, executed by the defendant to the plaintiff and dated the seventh day of April, 1868, in common form, purporting to convey to the plaintiff a small tract of land in Haverhill; in which deed the land conveyed purported to be conveyed by metes and bounds in fee simple, without any reservation or…
1Opinion of the CourtSmith, J.
If Apphia Martin accepted the deed of Johnston, containing a stipulation that certain services should be performed by her, she thereby (if she had legal capacity to contract), impliedly promised to perform these services, and an action of assumpsit might have been maintained against her for non-performance. “ A deed poll, when accepted by the grantee, becomes the mutual act of the parties, and a stipulation on the part of the grantee, though it cannot be declared upon as his deed, yet by force of his acceptance, is a valid contract on his part, by which a right may be reserved or granted, or…
2Cases cited3 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Huff v. NickersonSupreme Judicial Court of Maine · 1847
3Cited by2 opinions
- Traficante v. PopeSupreme Court of New Hampshire · 1975
- Harriman v. ParkSupreme Court of New Hampshire · 1875