Sprague v. Baker
Massachusetts Supreme Judicial Court
This was an action of covenant broken, upon a deed conveying lands, and containing the usual covenants against encumbrances, of warranty, &c., and was submitted to the opinion of the Court upon the following facts agreed by the parties.
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This was an action of covenant broken, upon a deed conveying lands, and containing the usual covenants against encumbrances, of warranty, &c., and was submitted to the opinion of the Court upon the following facts agreed by the parties. On the 21st of November, 1806, one Cornelius White, being indebted to William Morse and Nathan Batchelder in the sum of 500 dollars, and being at the same time in possession of the lands described in the plaintiff’s declaration, in right of his wife Elizabeth, joins his said wife in a deed of mortgage of those lands of that date to the said Morse and…
1Opinion of the CourtWilde, J.
The plaintiff claims as assignee upon a conveyance of lands made by the defendant to one Hitchings, with the usual covenants; and it is agreed by the parties, that judgment shall be rendered for the plaintiff, if, on the facts stated, he is entitled to recover on any one of the covenants in the original deed. The counsel for the plaintiff relies upon a breach of two of these covenants, namely, that against encumbrances, and the one for quiet enjoyment or general warranty.
As to the first, the objection is, not that the covenant has been kept, but that it was broken previous to the assignment…
2Cases cited1 opinion
- Greenby v. WilcocksNew York Supreme Court · 1806
3Cited by5 opinions
- Cheney v. StraubeNebraska Supreme Court · 1892
- Gallison v. DowningMassachusetts Supreme Judicial Court · 1923
- Durell v. WendellSuperior Court of New Hampshire · 1836
- Ferson v. SangerU.S. Circuit Court for the District of Maine · 1846
- Simmons v. SwiftMassachusetts District Court, Appellate Division · 1962