Clarke v. Priest
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eunicé K. Priest and Helen Phillips, as executrices, etc., of Elvira Russell, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of December, 1896, upon the verdict of a -jury directed by the court, and also from an order bearing date the '25th day of November, 1896, and entered in' said clerk’s office, denying -the defendants’ motion for a new trial…
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Appeal by the defendants, Eunicé K. Priest and Helen Phillips, as executrices, etc., of Elvira Russell, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of December, 1896, upon the verdict of a -jury directed by the court, and also from an order bearing date the '25th day of November, 1896, and entered in' said clerk’s office, denying -the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
On January 27, 189.2, Elvira Russell conveyed certain land in ■Kings county to Henry L. Brown and Southard .Brown, by a deed Containing a covenant of seizin, -a covenant for quiet enjoyment, a covenant against incumbrances, a covenant for further assurance, and a covenant of warranty. The covenant against incumbrances was ■“ that the said premises are free from incumbrances, excepting a mortgage of five thousand dollars now a lien thereon.” As matter of fact, the $5,000 mortgage thus mentioned was not the only incumbrance on the property. There was a lien for taxes, *175origin…
2Cases cited10 opinions
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Mygatt v. . CoeNew York Court of Appeals · 1895
- McGuckin v. . MilbankNew York Court of Appeals · 1897
- Withy v. MumfordNew York Supreme Court · 1825
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3Cited by8 opinions
- Arnold v. JoinesSupreme Court of Oklahoma · 1915
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- Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911
- Keyes & Marshall Bros. Realty Co. v. Trustees of the Canton Christian CollegeAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Application of City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
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