Bennet v. Jenkins
New York Supreme Court
‘THIS was an action of covenant, on the covenants contained in a deed of bargain ■ and sale, and was tried at the ColumUa-ciitmi, iü'1814yb,efore'Mr. J,-Van Ness. The deed, on the covenants in which thé action was brought, was executed on the 1st of March? 1799, by the testator to the plaintiff, and contained the usual full eovenants. On the 1st of.
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‘THIS was an action of covenant, on the covenants contained in a deed of bargain ■ and sale, and was tried at the ColumUa-ciitmi, iü'1814yb,efore'Mr. J,-Van Ness. The deed, on the covenants in which thé action was brought, was executed on the 1st of March? 1799, by the testator to the plaintiff, and contained the usual full eovenants. On the 1st of. March, 1787, the.teStatOr conveyed the lot. in question to one Coffin? who subsequently, and before the above-mentioned deed to the plaintiff, reconveyed it'to. the testator, having, however, in the mean time, mortgaged it to the loan officers of…
1Opinion of the Court
Per Curiam.-
The question submitted to the consideration of-the court, in this case;is, to ascertain the rule or principle *51upon which the damages are to be estimated. The action is covenant upon a deed, given by the testator to the plaintiff, dated the 1st of March, 1799, containing, as stated in the case, full covenants. The testimony shows a breach of the covenants of seisin, and for quiet enjoyment.
According to the principles heretofore established in this court, it is clear that neither the increased value of the land, nor any improvements made thereon, are to be taken into consideration»…
2Cases cited1 opinion
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