Pitcher v. Livingston
New York Supreme Court
f THIS was an action of covenant. Ihe declaration coniained two counts ; the first was for a breach of the covenant of seisin, the second for a breach of the covenant for quiet enjoyment, contained in a deed from the defendant to the plaintiff, dated the 17th june, 1801, for certain lands in §>ueensburv, in the county* of Washington.
Read the full summary
f THIS was an action of covenant. Ihe declaration coniained two counts ; the first was for a breach of the covenant of seisin, the second for a breach of the covenant for quiet enjoyment, contained in a deed from the defendant to the plaintiff, dated the 17th june, 1801, for certain lands in §>ueensburv, in the county* of Washington. The • •» TT7- . . . cause was tried at the Washington circuit, before Mr. Justice Thompson, and a verdict taken for the plaintiff, for 2,521 dollars and 75 cents. The covenants were proved to have been broken, and two questions were raised at the trial; 1.…
1Opinion of the Court
[THOMPSON, J.
In that case, the court decided, that the plaintiff could not recover the increased value of the land. Nothing, however, was said as to the improvements made by the purchaser.]
The action of covenant, and a writ of warrantia chartæ, are different. The latter had reference to the time of the warranty made, and the compensation consisted in giving to the feoffor, lands of the warrantor, equal in value to those from which the feoffee was evicted. Where the feoffee could have the benefit of the writ of warrantia chartæ, no action of covenant would lie.† The covenant of seisin, and for…
2Cases cited1 opinion
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
3Cited by60 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Messer v. OestreichWisconsin Supreme Court · 1881
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- RXD Media, LLC v. IP Application Development LLCCourt of Appeals for the Fourth Circuit · 2021
55 more not listed; retrieve them via the Exa API.