Willard v. Twitchell
Superior Court of New Hampshire
THIS was an action of covenant.broken. The declaration alleged that the defendant, having conveyed to the plaintiff by deed a tract of land, covenanted with the plaintiff that at the time of the conveyance, he, the said Twitchell, was the lawful owner of the land• was seized and possessed thereof in his own right in fee simple, and had full power and lawful authority to grant and convey the same. The breaches were assigned by negativing the words of the covenants.
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THIS was an action of covenant.broken. The declaration alleged that the defendant, having conveyed to the plaintiff by deed a tract of land, covenanted with the plaintiff that at the time of the conveyance, he, the said Twitchell, was the lawful owner of the land• was seized and possessed thereof in his own right in fee simple, and had full power and lawful authority to grant and convey the same. The breaches were assigned by negativing the words of the covenants. The facts in this case were, shortly, that a person, who had no title, and who had never been in possession of the land, which is…
1Opinion of the Court
By the Court.
The covenants in our deeds, “ that the grantor is the lawful owner, that he is seized in fee, and that he has good right to sell and convey,” have always received a construction that makes them merely synonymous. Each of them amounts only to a stipulation that the grantor has such a seizin that the land will pass by his deed. If the grantor at the time of the conveyance has. actual seizin, whether by right or by wrong, whether under a valid title or by disseizin, the land will pass by his deed, apd neither of these covenants is broken. Nor are they broken if he has a valid title…
2Cases cited2 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Bearce v. JacksonMassachusetts Supreme Judicial Court · 1808
3Cited by5 opinions
- Richardson v. DorrSupreme Court of Vermont · 1833
- George v. GreenSuperior Court of New Hampshire · 1843
- Hale v. GliddenSuperior Court of New Hampshire · 1839
- Willson v. WillsonSuperior Court of New Hampshire · 1852
- Pfenning v. Brewer et al.District Court, D. New Hampshire · 2016