Broadway v. Buxton
Supreme Court of Connecticut
Action upon the covenants of seizin and warranty in a deed; brought to the Court of Common Pleas of Fairfield County. The defendant denied the breach of the covenants. The case was tried to the court before Be Forest, J. Upon the trial the plaintiff offered his deed in evidence, containing the covenants of warranty and seizin for a breach of which the action was brought.
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Action upon the covenants of seizin and warranty in a deed; brought to the Court of Common Pleas of Fairfield County. The defendant denied the breach of the covenants. The case was tried to the court before Be Forest, J. Upon the trial the plaintiff offered his deed in evidence, containing the covenants of warranty and seizin for a breach of which the action was brought. The deed was executed by the defendant, was dated December 27th, 1859, and purported to convey to the plaintiff two tracts of land, the second of which was described as “containing sixty acres, more or less,” and as bounded…
1Opinion of the CourtEostek, J.
Certain parol evidence was offered by the plaintiff in this case, and admitted by the court, against the objection of the defendant. The question is, was that evidence properly admitted.
The action is brought on the covenants of seizin and warranty, in a deed of lands in the usual form, given by the defendant to the plaintiff, dated the 27th of December, 1859. This deed comprised two tracts of land, and the present controversy arises on the second tract specified in the deed, described as containing sixty acres, more or less. The western boundary of this tract, that boundary being the only one…
2Cited by1 opinion
- Butler v. BarnesSupreme Court of Connecticut · 1891