Baxter v. Ryerss
New York Supreme Court
Motion by the defendant to set aside the report of a referee. The action was brought by Thomas Baxter, against Joseph W. Ryerss, administrator of John P. Ryerss, deceased, to recover damages for the breach of a covenant of warranty, contained in a deed of conveyance of certain lands in the county of Tates, executed by the said John P. Ryerss, in his lifetime, and several issues of fact having been joined upon the matters set forth in the declaration, the cause was referred…
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Motion by the defendant to set aside the report of a referee. The action was brought by Thomas Baxter, against Joseph W. Ryerss, administrator of John P. Ryerss, deceased, to recover damages for the breach of a covenant of warranty, contained in a deed of conveyance of certain lands in the county of Tates, executed by the said John P. Ryerss, in his lifetime, and several issues of fact having been joined upon the matters set forth in the declaration, the cause was referred to Daniel Morris, sole referee; before whom the cause was brought to a hearing in August, 1849. Upon such hearing, the…
1Opinion of the Court
By the Court, Johnson, J.
The lessees of the plaintiff were evicted and ousted from the possession of the premises, in an action of ejectment against them after notice of the pendency of the action, and a request to defend, made to the original grantor of the land then in suit. Ryerss, the intestate, conveyed with covenants of warranty and for quiet enjoyment, and his grantee conveyed to the plaintiff with like covenants. If, therefore, the plaintiff has been legally damnified by the ouster of his tenants or assignees, he may maintain the action. But before he can maintain it he must make…
2Cases cited3 opinions
- Kinney v. WattsNew York Supreme Court · 1835
- Griffin v. PotterNew York Supreme Court · 1835
- Tone v. BraceNew York Court of Chancery · 1841
3Cited by5 opinions
- Hymes v. . EstyNew York Court of Appeals · 1892
- Kicks v. State BankNorth Dakota Supreme Court · 1904
- Mershon v. WilliamsSupreme Court of New Jersey · 1899
- Mack v. PatchinSuperior Court of Buffalo · 1864
- Fake v. SmithNew York Court of Appeals · 1869