Swazey v. Brooks
Supreme Court of Vermont
Covenant. The facts in the case are sufficiently stated in the opinion of the court. The case was tried by jury at the Decern-, ber term, 1858, Bennett, J., presiding. Upon the facts in the case, including those which the plaintiff claimed he could prove, the county court directed a verdict for the defendant, to which the plaintiff excepted.
1Opinion of the CourtKellogg, J.
The defendant executed a deed on the 12th of January, 1829, conveying to Joseph Swazey and his heirs and assigns, “lot No. 19 of the first division of the right of Benjamin Inghram Jr., in the town of Charleston. The habendum is “ to have and to hold the above granted and bargained premises,i with the appurtenances thereof unto him the said Joseph Swazey, his heirs and assigns forever, to his and their own proper use, benefit, and behoof; ” and the deed contains the usual covenants of seizin and against incumbrances, and also a covenant of warranty, “ to warrant and defend the above granted…
2Cases cited5 opinions
- Burr v. MillsNew York Supreme Court · 1839
- Tabor v. . BradleyNew York Court of Appeals · 1858
- Pitkin v. LeavittSupreme Court of Vermont · 1841
- Oakley v. StanleyNew York Supreme Court · 1830
- Vermont Central Rail Road v. Estate of HillsSupreme Court of Vermont · 1851
3Cited by12 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- Trueblood v. PierceSupreme Court of Colorado · 1947
- Olsen v. NobleSupreme Court of Georgia · 1953
- Coolidge v. HagerSupreme Court of Vermont · 1870
- Clayton v. Clayton Investments, Inc.Supreme Court of Vermont · 2007
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