Grubb v. Bayard
U.S. Circuit Court for the District of Eastern Pennsylvania
David Foree, by deed of indenture made in 1769, reciting his title to 302 acres of land, grants, bargains and sells 20 acres of it which are described, to William Benpet; leaving 282 acres still his own property, in regard to which the indenture contained the following covenant: “And the aforesaid David, for himself, his heirs, executors and administrators, doth covenant, promise, grant and agree to and with the aforesaid William, his heirs and assigns, that he, the said…
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David Foree, by deed of indenture made in 1769, reciting his title to 302 acres of land, grants, bargains and sells 20 acres of it which are described, to William Benpet; leaving 282 acres still his own property, in regard to which the indenture contained the following covenant: “And the aforesaid David, for himself, his heirs, executors and administrators, doth covenant, promise, grant and agree to and with the aforesaid William, his heirs and assigns, that he, the said William, his heirs and assigns, shall and may, from time to time, and all time hereafter, dig, take and carry away all iron…
1Opinion of the Court
(May 13, 1851.)
KANE, District Judge.
Is there anything in the deed which asserts, that Eoree intended to do more than enter into the ordinary covenant that, so long as there was iron ore on the 282 acres, Bennet and his assigns might work it if they chose, on paying a certain price per ton? I find the legal and apt phraseology in which a lawyer might embody such a covenant, and nothing more. The indenture in the case of Doe v. Wood, ■quoted at the bar, seems to me to resemble the grant of an exclusive incorporeal hereditament, much more than the covenant before us. It was contended in that…
2Cases cited2 opinions
- Van Rensselaer v. RadcliffNew York Supreme Court · 1833
- Leyman v. AbeelNew York Supreme Court · 1819
3Cited by11 opinions
- Wheeler v. WestCalifornia Supreme Court · 1886
- Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
- Baker v. . HartNew York Court of Appeals · 1890
- Stinson v. HardyOregon Supreme Court · 1895
- Hartford Iron Mining Co. v. Cambria Mining Co.Michigan Supreme Court · 1892
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