Pitkin v. Leavitt
Supreme Court of Vermont
This was an action of covenant. The plaintiff declared upon a covenant of warranty contained in a deed executed by the defendant to one Nathan Wilson, of lot number seven in the first division of lands in Harris’ Gore, in the county of Caledonia, which deed was dated on the 25th day of October, 1813. And the plaintiff averred that afterwards, to wit, on the 30th of April, 1823, the said Wilson, by his deed of that date, duly executed, acknowledged, &c., conveyed the same…
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This was an action of covenant. The plaintiff declared upon a covenant of warranty contained in a deed executed by the defendant to one Nathan Wilson, of lot number seven in the first division of lands in Harris’ Gore, in the county of Caledonia, which deed was dated on the 25th day of October, 1813. And the plaintiff averred that afterwards, to wit, on the 30th of April, 1823, the said Wilson, by his deed of that date, duly executed, acknowledged, &c., conveyed the same land to the plaintiff; that, afterwards, on the 18th of November, 1834, the plaintiff brought an action of ejectment…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This was an action on the covenant of warranty. Three questions are presented by the case.
1. Whether the copy of the deed from the defendant to Nathaniel Wilson was admissible in evidence, the same not having been acknowledged until the 16th of July, 1834.
2. Whether the record of the suit in favor of Pitkin, the present plaintiff, against Robert Spencer, was sufficient evidence to show a breach of the covenant of warranty.
3. Whether the rule of damages laid down by the county court was correct.
On the first question there can be no…
2Cases cited1 opinion
- Williams v. WetherbeeSupreme Court of Vermont · 1827
3Cited by20 opinions
- Drennan v. BunnIllinois Supreme Court · 1888
- Albright v. FishSupreme Court of Vermont · 1980
- Stockton Theatres, Inc. v. PalermoCalifornia Court of Appeal · 1954
- Swazey v. BrooksSupreme Court of Vermont · 1861
- Tarbell v. TarbellSupreme Court of Vermont · 1887
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