Baxter v. Bradbury
Supreme Judicial Court of Maine
Covenant broken, for breach of the covenant of seizin in a deed of warranty from the defendant to the plaintiff, dated August 3d, 1835. In this deed many lots of land were conveyed, and several in Corinth were described.
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Covenant broken, for breach of the covenant of seizin in a deed of warranty from the defendant to the plaintiff, dated August 3d, 1835. In this deed many lots of land were conveyed, and several in Corinth were described. To prove the breach of the covenant declared on, the plaintiff read a deed of warranty from John Peck to Benjamin Joy, conveying the town of Corinth, with certain reservations, dated July 27th, 1799. The land in controversy was part of the land conveyed to Joy. The plaintiff proved-the consideration paid for these lots, and there rested his case. The defendant then read a…
1Opinion of the Court
The opinion of the Court was by
Weston, C. J.
It is assumed in argument, that Amos Whitney and Thomas Whitten were seized of the lands described in their respective deeds to the defendant, dated August 24, 1835; The lands constitute a part of that, which is the subject matter of this suit. These deeds, with the evidence of their seizin, were rejected as inadmissible, by the presiding Judge at the trial. If this evidence could legally have any effect upon the right of the plaintiff to recover, or upon the .measure of damages, it ought not to have been rejected.
The rules, which have been…
2Cases cited1 opinion
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
3Cited by17 opinions
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Warner v. FlackIllinois Supreme Court · 1917
- Burke v. BeveridgeSupreme Court of Minnesota · 1870
- Resser v. CarneySupreme Court of Minnesota · 1893
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