Murphy v. Hill
Supreme Court of New Hampshire
Covenant Broken, against Winthrop Y. Hill and Nancy M. Hill. Trial by the court. Upon facts stated in the opinion, the court ordered judgment for the plaintiff against both defendants for nominal damages only. The plaintiff and Nancy M. Hill excepted.
1Opinion of the CourtParsons, J.
April 3, 1890, the defendants conveyed to the plaintiff by warranty deed in common form the premises described in the writ. At that date the defendants had title to three fourths only of the land described in the deed. The defendants’ covenants of title, seizin, and right to convey were broken upon the execution of the deed, and the plaintiff’s right of action was perfect upon its delivery. Morrison v. Underwood, 20 N. H. 369, 371. The remaining fourth of the land which the defendants’ deed purported to convey to the plaintiff was,, at the date of their deed, owned by one Clarence E. Hill.…
2Cases cited2 opinions
- Foster v. FosterSupreme Court of New Hampshire · 1883
- Nihan v. KnightSupreme Court of New Hampshire · 1875
3Cited by4 opinions
- In re GilbertDistrict Court, D. New Hampshire · 1936
- Dudley v. EastmanSupreme Court of New Hampshire · 1900
- Hangen v. Robinson, et al.District Court, D. New Hampshire · 1997
- Murphy v. HillSupreme Court of New Hampshire · 1897