Alling v. Burlock
Supreme Court of Connecticut
Action of covenant upon the covenants of seizin and warranty in a deed; brought to the Superior Court in New Haven County, and tried to the court on the general issue, with notice, before Carpenter, J. The deed in question was made by Thomas Burlock to the plaintiffs, in October, 1863. He died in 1865 and the defendants were administrators of his estate, and had immediately after settled it, with an order limiting the time for presenting claims against his estate.
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Action of covenant upon the covenants of seizin and warranty in a deed; brought to the Superior Court in New Haven County, and tried to the court on the general issue, with notice, before Carpenter, J. The deed in question was made by Thomas Burlock to the plaintiffs, in October, 1863. He died in 1865 and the defendants were administrators of his estate, and had immediately after settled it, with an order limiting the time for presenting claims against his estate. The land conveyed was in the borough of Birmingham in the town of Derby. The deed contained covenants of seizin and warranty, and…
1Opinion of the CourtLoomis, J.
This is an action upon a general covenant of warranty, brought by the warrantees against the administrators of Thomas Burlock, deceased, the warrantor.
The breach complained of arises out of the following facts:— Smith and Phelps, the former owners of the land in question, on the 30th of August, 1843, by quitclaim deed, conveyed it to the town of Derby, “ to hold for public streets and highways.” The town formally accepted the deed, and it was duly recorded; but the land for some years remained unappropriated to the purposes mentioned. And afterwards Bur-lock, having obtained whatever title…
2Cases cited3 opinions
- Town of Derby v. AllingSupreme Court of Connecticut · 1873
- Hubbard v. NortonSupreme Court of Connecticut · 1835
- Taylor v. Danbury Public Hall Co.Supreme Court of Connecticut · 1868
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- Palmeri v. AllenConnecticut Superior Court · 1972
- Rosenblum v. EisenhauerConnecticut Superior Court · 1971
- Schwartz v. BlackTennessee Supreme Court · 1914
- Palmeri v. AllenPennsylvania Court of Common Pleas · 1972