Sawyer v. Jefts
Supreme Court of New Hampshire
Covenant Broken. Trial by the court. The defendant’s father conveyed a tract of land to the plaintiff in 1893, by warranty deed in common form, and died in March, 1895. An administrator of his estate was appointed the same month. The plaintiff had been evicted from the premises the preceding February. He presented this claim to the administrator, but made no further effort to enforce it until March, 1899, when he begun this action.
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Covenant Broken. Trial by the court. The defendant’s father conveyed a tract of land to the plaintiff in 1893, by warranty deed in common form, and died in March, 1895. An administrator of his estate was appointed the same month. The plaintiff had been evicted from the premises the preceding February. He presented this claim to the administrator, but made no further effort to enforce it until March, 1899, when he begun this action. At the close of the plaintiff’s evidence a nonsuit was ordered, subject to exception.
1Opinion of the CourtYoung, J.
The common law did not charge a person’s real estate with the payment of Ms debts, but permitted him to do so; and when he did, it gave such creditors an action to enforce their claims after Ms death. This action, though nominally against the heir, was a proceeding in rem against real estate the heir had inherited from the covenantor; for in order to maintain an action, the creditor must show that the heir had such land, and the execution was against that, and not against the heir or his goods. In 1718 a statute which is still in force was passed, charging all the estate of deceased persons…
2Cited by1 opinion
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