Frost v. Raymond
New York Supreme Court
This was an action for breach of an implied covenant. The declaration, laying the venue in Dutchess county, stated that the defendant, in consideration of $750, did grant, bargain, sell, alien, and confirm unto the plaintiffs, in fee, lot No. 65, or 76, in Junius, in Montgomery,'(now Cayuga county,) the plaintiffs to elect, on or before a certain day, which of the lots they would have, with an averment that the defendant was not seised of either of the said lots, or had any…
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This was an action for breach of an implied covenant. The declaration, laying the venue in Dutchess county, stated that the defendant, in consideration of $750, did grant, bargain, sell, alien, and confirm unto the plaintiffs, in fee, lot No. 65, or 76, in Junius, in Montgomery,'(now Cayuga county,) the plaintiffs to elect, on or before a certain day, which of the lots they would have, with an averment that the defendant was not seised of either of the said lots, or had any estate in either, so that he could not grant, and hath broken his covenant. The case now came before the court on a…
1Opinion of the Court
Kent, Oh. J.
delivered the opinion of the court. Several objections are taken to the validity of the declaration. We shall, however, confine ourselves to the first and only important one, viz.: that here was no implied covenant of title. It is exceedingly interesting to the community that this question should be clearly settled, and well understood. We are to examine,
1. Whether a sale of an estate in fee, by the formal and apt words of conveyance, and for a valuable consideration, does of itself imply a warranty or covenant of title. The counsel for the plaintiff contended upon the argument…
2Cases cited1 opinion
- Scott v. ThorpNew York Court of Chancery · 1835
3Cited by39 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Nellis v. ClarkNew York Supreme Court · 1838
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Burwell v. . JacksonNew York Court of Appeals · 1854
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