Hutchins v. Moody
Supreme Court of Vermont
This was an action of covenant broken. The declaration alleged that the defendant, on the 12th of May, 1853, conveyed to the plaintiffs a certain piece of land in Waterbury, and in his deed covenanted that the premises were free from all incumbrances ; that Oramel Howe was the owner of the laud on the 1st of April, 1853, at which time it was set to him in the grand list of that town ; that certain school, town and state taxes were assessed against Howe on the land in…
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This was an action of covenant broken. The declaration alleged that the defendant, on the 12th of May, 1853, conveyed to the plaintiffs a certain piece of land in Waterbury, and in his deed covenanted that the premises were free from all incumbrances ; that Oramel Howe was the owner of the laud on the 1st of April, 1853, at which time it was set to him in the grand list of that town ; that certain school, town and state taxes were assessed against Howe on the land in question, as set in the list of 1853, in that year and after the 1st of April; that Howe neglected and refused to pay these…
1Opinion of the CourtKellogg, J.
When this case was before this court on a former occasion, (30 Vt. 655,) it was held that the fact that real estate was set in the grand list, on the first day of April proceeding its conveyance to its then ownér, and that taxes were voted and assessed upon it against him after the conveyance, did not constitute a breach of the covenant against incumbrances in a deed conveying it until such taxes became legally fixed upon it so as to be a definite burden upon the estate which the grantee might properly remove by payment; and that such taxes could not be legally fixed upon the estate until the…
2Cases cited1 opinion
- Hutchins v. MoodySupreme Court of Vermont · 1858
3Cited by5 opinions
- Manor Real Estate Co. v. Jos. M. Zamoiski Co.Court of Appeals of Maryland · 1968
- Cummings v. HoltSupreme Court of Vermont · 1883
- Cotting v. CommonwealthMassachusetts Supreme Judicial Court · 1910
- Johnston v. RobertsonSupreme Court of Iowa · 1917
- Fulton v. AldrichSupreme Court of Vermont · 1904