Cummings v. Dearborn
Supreme Court of Vermont
Covenant. Heard on demurrer, February Term, 1884, Tart, J., presiding. Demurrer overruled, and the declaration held sufficient. In construing the deed, the written portion is entitled to the greater consideration. Carrigan v. T?is. Co., 53 Vt. 418. Striking out the printed words, and inserting the written, show that the intent was to sell and convey only the title and interest.
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Covenant. Heard on demurrer, February Term, 1884, Tart, J., presiding. Demurrer overruled, and the declaration held sufficient. In construing the deed, the written portion is entitled to the greater consideration. Carrigan v. T?is. Co., 53 Vt. 418. Striking out the printed words, and inserting the written, show that the intent was to sell and convey only the title and interest. The covenants should be construed in reference to the tiling granted, and not be taken to enlarge it. Smith v. Pollard, 19 Yt. 277; Gray v. Clark, 11 Yt. 583 ; 2 Kent Com. 584. If the grantors intended to covenant they…
1Opinion of the Court
The opinion of the court was delivered by
Kowell, J.
The declaration alleges that on June 27, 1866, the defendant and his wife, by their deed of that date, bargained, sold, and conveyed to the plaintiff a certain tract of land, describing it, and therein, among other things, covenanted that they were the sole owners of the premises.
The defendant craved oyer of the deed, set it out, and demurred.
By the deed it appears that the grantors did “freely give, grant, sell, convey, and confirm unto” the plaintiff “all my right, title, and interest in and unto” certain lands, describing them, habendum,…
2Cases cited3 opinions
- Brown v. JacksonSupreme Court of the United States · 1818
- Smith v. PollardSupreme Court of Vermont · 1847
- Bowen v. ThrallSupreme Court of Vermont · 1856
3Cited by13 opinions
- Threadgill v. BickerstaffTexas Supreme Court · 1895
- Blondin v. BrooksSupreme Court of Vermont · 1910
- Dale v. Case, Et Ux.Mississippi Supreme Court · 1953
- Coble v. . BarringerSupreme Court of North Carolina · 1916
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
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