Tindall v. Den ex dem. Conover
Supreme Court of New Jersey
Error to the Suprfeme Court. Elias W. Conover, the plaintiff below, brought ejectment against Aaron Tindall for lands in the county of Mercer.
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Error to the Suprfeme Court. Elias W. Conover, the plaintiff below, brought ejectment against Aaron Tindall for lands in the county of Mercer. On the trial at the Circuit, he offered in evidence an article of agreement under seal between himself and Tindall, dated 8th April, 1842, by which he, Conover, in consideration, &c. covenanted “ to make and deliver to the said Tindall, on the first day of April (then) next, a good and sufficient deed, with covenants of warranty for the farm, &c. now occupied by said Tindall, containing about 150 acres, for the price, &c. All the green growing grain in…
1Opinion of the CourtCarpenter, J.
It was not disputed on the argument, but that the language of the covenant, “to deliver a good and sufficient deed with covenants of warranty,” related to something more than the form of the instrument; that it related to the title, and imported an understanding to convey a good title. Assuming so much, it was argued by the counsel of the plaintiff below, that it was such an acknowledgment of the title of the vendor, by the vendee, that upon breach of the agreement, and ejectment brought for the possession, the vendee was estopped from denying the plaintiff’s title.
The counsel of the…
2Cited by1 opinion
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