Niesz v. Spencer

Van Kirk, J.:

The action is brought to recover damages for breach of covenant in a warranty deed of a farm made by the defendant to the plaintiffs. The complaint states a cause of action for breach of covenant for quiet enjoyment in that, at the time the deed was given, there was a private right of way, 9 feet wide and about 3,000 feet in length, over and across the farm, which belongs to the owner of the Bouck farm by deed and user; that this right of way was not excepted in the deed; damages in the sum of $500 were demanded. In the answer there is alleged an affirmative defense that this…