Howes v. Bigelow
Massachusetts Supreme Judicial Court
The plaintiff, as executrix of the last will of Edmund Howes, deceased, declares in covenant broken, and sets forth, that one Nathaniel Sparhawk, deceased, on the 20th day of May, 1790, by his deed of bargain and sale and of feoffment, for a valuable consideration therein expressed, sold and conveyed unto the said Edmund Howes, then living, certain parcels of land, in fee simple, and therein covenanted, that the premises so sold were free of all incumbrances, and that Jie…
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The plaintiff, as executrix of the last will of Edmund Howes, deceased, declares in covenant broken, and sets forth, that one Nathaniel Sparhawk, deceased, on the 20th day of May, 1790, by his deed of bargain and sale and of feoffment, for a valuable consideration therein expressed, sold and conveyed unto the said Edmund Howes, then living, certain parcels of land, in fee simple, and therein covenanted, that the premises so sold were free of all incumbrances, and that Jie would warrant and defend the same against the lawful claims of all persons ; that the said Nathaniel died on the 29th of…
1Opinion of the Court
The opinion of the Court was delivered by
Parker, C. J.
This action seems to be intended for an experiment, it being admitted to be the first of the kind which has been brought in the Commonwealth. The attempt is, to charge the defendant with damages for breach of covenants made by the father of *313his wife, on account of personal estate, which he received with her out of her father’s property ; she being dead when the action was brought.
The covenants declared upon were not broken, until long after the death of the covenantor ; nor unti' more than four years had elapsed after administration taken…
2Cited by4 opinions
- Cole v. ShurtleffSupreme Court of Vermont · 1868
- Royce v. BurrellMassachusetts Supreme Judicial Court · 1815
- Bell v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Hale v. CoffinCourt of Appeals for the First Circuit · 1903