Sanders v. Betts
New York Supreme Court
Demurrer to declaration. This suit is for the breach of a covenant of warranty, contained in a deed of land conveyed by the defendant to the plaintiff.
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Demurrer to declaration. This suit is for the breach of a covenant of warranty, contained in a deed of land conveyed by the defendant to the plaintiff. The covenant is in these words : “ And the said party of the first part, for himself, his heirs, &c. doth covenant, grant, bargain, promise and agree to, and with the said party of the second part, his heirs and assigns, to forever warrant and defend the above bargained premises, and every part and parcel thereof, now being in the quiet and peaceable possession of the said party of the second part, against the said party of the first part, his…
1Opinion of the Court
*288 By the Court,
Sutherland, J.
The case depends upon the true construction of the defendant’s covenant. The plaintiff contends that it is a general covenant of warranty; the defendant, that.it is a covenant merely against his acts, and the acts of those claiming or deriving title under him. It is in these words: “ And the said party of the first part, for himself, his heirs, &c. doth covenant, grant, bargain, promise and agree, to and with the said party of the second part, his heirs, &c. to forever warrant and defend the above bargained premises, and every part and parcel thereof, now being,…
2Cases cited1 opinion
- Smith v. BrownNew York Supreme Court · 1828
3Cited by2 opinions
- Peabody v. PhelpsCalifornia Supreme Court · 1858
- Fairchild v. LynchThe Superior Court of New York City · 1877