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…
1ConcurrenceLivingston, J.
Though I concur in the opinion delivered, yet as some further reasons influence my own, I shall beg leave to state them. The principal question, and on which I shall decide this cause is, whether the term grant, in a modern deed or conveyance, implies a covenant of warranty or seisin, so as to entitle the grantee to his action of covenant for damages against the grantor, in case the latter, at the time of its delivery, were not seised of the premises, or had no estate or title therein?
The attempt to recover damages for a breach of covenant on a deed containing nothing more than the granting…
2Cases cited3 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Barney v. KeithNew York Supreme Court · 1830