Shattuck v. . Lamb
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendant, entered upon an order denying a motion for judgment upon a verdict rendered for the plaintiff at the Circuit, subject to the opinion of the court at General Term, and directing judgment for defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendant, entered upon an order denying a motion for judgment upon a verdict rendered for the plaintiff at the Circuit, subject to the opinion of the court at General Term, and directing judgment for defendant. This action was brought to recover damages for an alleged breach of the covenant of warranty of quiet enjoyment in a deed made by the defendant to the plaintiff for a lot of land described as containing twenty acres, situate in Tates county. The covenant was in the following…
1Dissent
Dwight, C.
(dissenting). The question in this cause is, whether a covenant for quiet enjoyment is broken by a vendor, when his vendee is unable to take possession, the grantor having no title and the premises being held adversely by óne having title. The covenant in the present case does not contain a warranty of title, but simply of quiet and peaceable possession by the grantee.
I think that it must be deemed to be the law of this State that there can be no breach of such a covenant unless the grantee had either actual or constructive possession of the premises, and that possession was in some…
2Cases cited5 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Webb v. AlexanderNew York Supreme Court · 1831
- Cowdrey v. . CoitNew York Court of Appeals · 1871
- Winslow v. McCallNew York Supreme Court · 1860
- Rindskopf v. Farmers' Loan & Trust Co.New York Supreme Court · 1870