Beardsley v. Knight
Supreme Court of Vermont
This was an action of covenant, and the declaration contained two counts. The first alleged that the defendant and one Elijah Hyde, deceased, on the 3d day of March, 1808, for the consideration of eighteen hundred dollars, by deed ol that date, duly executed, acknowledged and recorded, according to law, conveyed to Ebenezer Hatch, his heirs and assigns, the undivided half of a certain piece or farm ofland, lying in the town and county of Grand-Isle, to wit, the first…
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This was an action of covenant, and the declaration contained two counts. The first alleged that the defendant and one Elijah Hyde, deceased, on the 3d day of March, 1808, for the consideration of eighteen hundred dollars, by deed ol that date, duly executed, acknowledged and recorded, according to law, conveyed to Ebenezer Hatch, his heirs and assigns, the undivided half of a certain piece or farm ofland, lying in the town and county of Grand-Isle, to wit, the first division lots drawn to the rights of Thomas Tolman, Samuel Herrick, and John Wood ; and that the said Knight and Hyde, in and…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, J.
The plaintiff has declared against the defendant in covenant. The declaration contains two counts. The defendant pleads performance, and tenders an issue which is joined. It was considered by the county court that this plea put the plaintiff on proof of evey material fact in his declaration. The plaintiff contends, that,under this issue, his derivative title was not denied, nor the character in which he sued. But if the plea required the plaintiff to shew a breach of the covenant declared on, and this was not questioned, he must, to shew…
2Cases cited1 opinion
- People v. FinchNew York Supreme Court · 1809
3Cited by14 opinions
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- Lydick v. B. & O. R. R.West Virginia Supreme Court · 1880
- Wright v. SperryWisconsin Supreme Court · 1867
- Tillotson v. PrichardSupreme Court of Vermont · 1887
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