Waldo v. Long
New York Supreme Court
THIS was an action of covenant, brought on the co-. ..■venant against encumbrances, and on the covenant of power to sell, contained in a deed from the defendant „ to the plaintiff. Flea, non est factum. The cause was tried at the Washington circuit, the 13th of June, 1810, before Mr. Justice Van Ness. The plaintiff produced a mortgage, executed prior tá the deed from the defendant to him, from the defendant to William Porter, which covéred the land conveyed by the deed.
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THIS was an action of covenant, brought on the co-. ..■venant against encumbrances, and on the covenant of power to sell, contained in a deed from the defendant „ to the plaintiff. Flea, non est factum. The cause was tried at the Washington circuit, the 13th of June, 1810, before Mr. Justice Van Ness. The plaintiff produced a mortgage, executed prior tá the deed from the defendant to him, from the defendant to William Porter, which covéred the land conveyed by the deed. The plaintiff also offered in evidence the postea in the cause of Jackson, ex dem. William Porter and others, against him,…
1Per curiam
The postea was competent evidence for certain purposes. This point has been just now decided, in the case of Kip v. Brigham and others, (ante, 168.) who were bail on Steward’s execution. In this case it was evidence of the existence of.the ejectment suit upon the mortgage, and of the fact of a verdict in such a cause. For that purpose it ought to have been received; and that fact being proved, the bills of costs . were an item of damages proper for the consideration of the jury, for they were part of the damages produced by the encumbrance.
■ This opinion is an answer to the only question…
2Cases cited1 opinion
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
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