Whitbeck v. Cook
New York Supreme Court
This was an action of covenant, for the breach of the 'Covenants contained in a conveyance of land. The cause. was brought before the court on demurrer, on a case made after verdict, and on a motion in arrest of judgment. - The declaration stated, that by deed, bearing date the 5th of April, 1814, Philip and Clarissa Cook, the defendants, by the name and description of Philip Cook and Clarissa Cook, his wife, in consideration of the sum of 8,093 dollars, and 25 cents,…
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This was an action of covenant, for the breach of the 'Covenants contained in a conveyance of land. The cause. was brought before the court on demurrer, on a case made after verdict, and on a motion in arrest of judgment. - The declaration stated, that by deed, bearing date the 5th of April, 1814, Philip and Clarissa Cook, the defendants, by the name and description of Philip Cook and Clarissa Cook, his wife, in consideration of the sum of 8,093 dollars, and 25 cents, conveyed to the plaintiff, in fee, a certain piece, or parcel of land, in the town of Warren, in the county of Herkimer,…
1Opinion of the Court 1
[Thompson, Ch. J.
You need not argue this point further. It is settled, that there can be no breach of this covenant, unless there has been an eviction, or disturbance of the possession.}
2. As to the facts of the case. The existence of a public highway through the premises, was no evidence of a breach of the covenant of seisin; it could, therefore, be no measure of damages for the breaches of covenant, to be assessed by the jury at the trial. The original owner of the soil, in laying out a highway, gives merely the use of the land to the public. The ownership and seisin still remain in him, or…
Also in this document: Opinion of the Court · Spencer.
2Cases cited2 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Kellogg v. IngersollMassachusetts Supreme Judicial Court · 1806
3Cited by36 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Kutz v. McCuneWisconsin Supreme Court · 1868
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