Greenby v. Wilcocks
New York Supreme Court
This was an action of covenant. The declaration set forth a deed, made the 30th August, 1792, between the defendant, of the one part, and Carlile Pollock, of the other part, by which the defendant conveyed to Pollock, certain lots of land in the county of Cayuga.
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This was an action of covenant. The declaration set forth a deed, made the 30th August, 1792, between the defendant, of the one part, and Carlile Pollock, of the other part, by which the defendant conveyed to Pollock, certain lots of land in the county of Cayuga. The deed contained the usual covenants, on the part of the grantor with (he grantee,his heirs and assigns; namely, that the grantor was well seised in fee, &c.; had power and right to grant and convey; that the grantee should quietly enjoy free from incumbrances, See. and a warranty , , , . , . . , against the grantor and his heirs,…
1Opinion of the CourtSpencer, J.
The plaintiffs’ right to judgment, must *4rest on the covenant of seisin, and power to sell and convey in fee-simple* The eviction stated in the decía-ration does not appear,' nor is it averred to have taken place by process of law ; (a) covenants for quiet enjoyment and a general warranty, extend only to lawful evictions. .Some of these cases* admit that the action lies for breach of covenant for quiet enjoyment, if the person to whom , . , . , , , T | the right Delongs oust the possessor. In the present case, it is not alleged, that the ouster was committed by any person having right or…
2Cited by39 opinions
- Brandt v. FosterSupreme Court of Iowa · 1857
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Lawrence v. MontgomeryCalifornia Supreme Court · 1869
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Rogers v. Omaha Hotel Co.Nebraska Supreme Court · 1875
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