Bennett v. Irwin
New York Supreme Court
THIS was an action of covenant. The declaration set ri-iii, i, , iorth a deed poll, made the 26th January, 1797, whereby the defendant, in consideration of 1,408 dollars, conveyed a certain lot of land to the intestate, and covenanted, that he was well seised in fee, and had good right to convey, &c. and assigned for breach, that the defendant was _ „ not seised, &c.
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THIS was an action of covenant. The declaration set ri-iii, i, , iorth a deed poll, made the 26th January, 1797, whereby the defendant, in consideration of 1,408 dollars, conveyed a certain lot of land to the intestate, and covenanted, that he was well seised in fee, and had good right to convey, &c. and assigned for breach, that the defendant was _ „ not seised, &c. The defendant pleaded six pleas. 1. That the intestate, on the 30th October, 1797, by deed-poll, in consideration of 1,000 dollars, sold, released and quit-claimed to the defendant, all the intestate’s . . _ _ right, title, and…
1Opinion of the CourtVan Ness, J.
The first and only important question in this case is, whether the first plea is a good plea in bar. The defendant by setting up a reconveyance to him by the intestate, of the lot described in the deed containing the covenants upon which the suit is brought, admits, that the *365defendant was not seised of the land, and that he had no power to sell, and, consequently, that he had no right to receive the consideration paid to him. But he contends, that he is discharged from the liability resulting from his covenants, in consequence of this reconveyance.
If the defendant is discharged, it must be…
2Cited by10 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Williams v. Michigan Central RailroadMichigan Supreme Court · 1851
- Branham v. Mayor & Common CouncilCalifornia Supreme Court · 1864
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Warren v. ChildsMassachusetts Supreme Judicial Court · 1814
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