Booth v. Starr
Supreme Court of Connecticut
IN' ERROR. PHIS was an action of covenant broken. It was alleged su the declaration, that on the 13th day of June, 1795, John Booth, then in full life, by his deed, duly executed and delivered by him and Lydia Booth, his wife, for the consideration of 6001. lawful money of the state of New-York, conveyed to the plaintiff, in fee-simple, a certain tract of land in the city of Hudson ; and that the grantor, in and by the deed, for himself, his heirs, executors and…
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IN' ERROR. PHIS was an action of covenant broken. It was alleged su the declaration, that on the 13th day of June, 1795, John Booth, then in full life, by his deed, duly executed and delivered by him and Lydia Booth, his wife, for the consideration of 6001. lawful money of the state of New-York, conveyed to the plaintiff, in fee-simple, a certain tract of land in the city of Hudson ; and that the grantor, in and by the deed, for himself, his heirs, executors and administrators, covenanted with the plaintiff, his heirs and assigns, that he was well seised of the premises, as a good and…
1Opinion of the CourtBe a ward, J.
(After stating the case.) The action seems to be for breach of covenants of seisin, of quiet enjoy men!, and of warranty. The first can have no place here, because, clearly barred by the limitation ; and the secoBd is unimportant, as it depends on the last.
1 have no difficulty with the objection that the declaration does not state an eviction by legal process. There may be an eviction without legal process, that will amount to a breach of covenant of warranty. The averment that at the *283of the execution of the deed, the good and elder title was in Lucy Starr, to the exclusion of the grantor,…
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