Jemison v. Blowers
New York Supreme Court
Demurrer to pleas. The defendants, by deed dated August 28, 1841, containing the usual covenants of warranty and for quiet enjoyment, conveyed to the plaintiff a piece- of land in Gainesville, Wyoming county. On the lst day of March, 1843, the plaintiff was evicted by title derived under a mortgage, which was an incumbrance on the land at the time of the conveyance. And the action was. brought on the covenant in the deed, to recover the damages for the eviction.
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Demurrer to pleas. The defendants, by deed dated August 28, 1841, containing the usual covenants of warranty and for quiet enjoyment, conveyed to the plaintiff a piece- of land in Gainesville, Wyoming county. On the lst day of March, 1843, the plaintiff was evicted by title derived under a mortgage, which was an incumbrance on the land at the time of the conveyance. And the action was. brought on the covenant in the deed, to recover the damages for the eviction. The defendants pleaded discharges in bankruptcy obtained Nov. 6, 1843, upon petitions filed July 4, 1842. To these pleas the…
1Opinion of the Court
By the Court, Sill, J.
The point presented in this case is 'whether a covenant for quiet enjoyment is discharged by a certificate in bankruptcy, when the breach happens after the petition is filed upon which the ■certificate is granted. No other question was made on the argument, find I shall not inquire whether the plea is in other respects sufficient, The certificates in terms declare • the persons to whom they are granted discharged from all debts, -contracts, and engagements, existing ■at the time of filing their petitions, and relate back to that period. I shall therefore lay out of view…
2Cases cited1 opinion
- Wells v. MaceSupreme Court of Vermont · 1845
3Cited by6 opinions
- Verdier v. RoachCalifornia Supreme Court · 1892
- Magwire v. RigginSupreme Court of Missouri · 1869
- Bradford v. RussellIndiana Supreme Court · 1881
- Davis v. McCurdyWisconsin Supreme Court · 1880
- French v. MorseMassachusetts Supreme Judicial Court · 1854
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