Rickert v. Synder
New York Supreme Court
This was an action of covenant, tried at the Schoharie circuit in November 1830, before the Hon. James Vanderpobl, one of the circuit judges.
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This was an action of covenant, tried at the Schoharie circuit in November 1830, before the Hon. James Vanderpobl, one of the circuit judges. The plaintiff declared on a deed, bearing date 15 th March, 1824, whereby, for the consideration of #650, the defendant conveyed to him 52 acres of land, and wherein the defendant covenanted that he was lawfully seized of the premises and had good right to convey, that the plaintiff should quietly enjoy, and that the defendant would warrant and defend, &c. The declaration contained four counts. In the first the plaintiff assigned for breaches, 1. That…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The rule as to the assignment of breaches on the various covenants in a deed is briefly and correctly stated by Chancellor Kent. 4 Kent's Comm. 479, 2d ed. In the covenant of seisin it is sufficient to allege the breach, by negativing the words of the covenant. The same rule must also apply to the covenant that the covenantor has good right to convey. This has been called synonymous with the covenant of seisin ; it certainly follows, as a necessary consequence, that a person who is seized has a right to *422convey the estate of which he is so seized. But the covenant…
2Cited by29 opinions
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- Price v. . DealSupreme Court of North Carolina · 1884
- Davis v. SmithSupreme Court of Georgia · 1848
- Demars v. KoehlerSupreme Court of New Jersey · 1898
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