Harlow v. Thomas
Massachusetts Supreme Judicial Court
Covenant broken. By an agreed statement of facts it appeared, that the defendant, on December 2, 1829, for the consideration of the sum of $580, conveyed to the plaintiff real estate situated in Middleborough, which was described in the deed as “ all that part of my land and messuage near Pope’s Point Furnace, which I purchased of John Bent, bj deed dated October 24th, 1826, and recorded in the Plymouth registry of deeds, book 165, folio 19, 20,” and defined by metes and…
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Covenant broken. By an agreed statement of facts it appeared, that the defendant, on December 2, 1829, for the consideration of the sum of $580, conveyed to the plaintiff real estate situated in Middleborough, which was described in the deed as “ all that part of my land and messuage near Pope’s Point Furnace, which I purchased of John Bent, bj deed dated October 24th, 1826, and recorded in the Plymouth registry of deeds, book 165, folio 19, 20,” and defined by metes and bounds ; and that the deed contained a covenant “ that the premises are free of all incumbrances; ” which is the covenant…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The defendant’s deed to the plaintiff contains the usual covenants of warranty. The one alleged to be broken is in these words, “ that the premises are free of all incumbrances.” The easements which Perkins and Sampson hold, to pass over the land conveyed, and to take water from a spring situated in it, is clearly a breach of this covenant. Kellogg v. Ingersoll, 2 Mass. R. 97 ; Prescott v. Trueman, 4 Mass. R. 627. The reference to the deed from Bent to the defendant was for the purpose of description, to identify the land conveyed and to…
2Cases cited4 opinions
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
- Kellogg v. IngersollMassachusetts Supreme Judicial Court · 1806
- Townsend v. WeldMassachusetts Supreme Judicial Court · 1811
- Cole v. HawesNew York Supreme Court · 1801
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- Simmons v. SwiftMassachusetts District Court, Appellate Division · 1962