Webb v. Alexander
New York Supreme Court
This was an action of covenant, tried at the Schoharie circuit, in November, 1829, before the Hon. William A. Dher, then one of the circuit judges.
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This was an action of covenant, tried at the Schoharie circuit, in November, 1829, before the Hon. William A. Dher, then one of the circuit judges. The action was brought for the breach of a covenant contained in a deed of lands conveyed by Maria Alexander, the defendant, to Lydia Webb, one of the plaintiffs, bearing date 22d April, 1823, granting 147 acres of land in a tract called Byrnes’ patent; the consideration expressed in the deed being $185. The covenant was that the grantor would warrant and* defend the grantee in the quiet and peaceable possession of the premises, against all…
1Opinion of the Court
Éy the Court,
Savage, Ch. J.
The defendant contends that the plaintiffs are not entitled to recover, in the first place, because the declaration is defective, and secondly, because the facts do not warrant a recovery, even if the declaration was sufficient.
In the case of Foster v. Pierson, 4 T. R. 617, the declaration was for a breach of the covenant of quiet enjoyment. The breach was, that J. B. Pierson, at the time of the conveyance, had lawful right and title to the premises, and having such lawful right, entered and expelled the plaintiff from the possession. The defendant demurred to this…
2Cases cited1 opinion
- Lansing v. Van AlstyneNew York Supreme Court · 1829
3Cited by25 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Crisfield v. StorrCourt of Appeals of Maryland · 1872
- Fowler v. PolingNew York Supreme Court · 1849
- De Groot v. Van DuzerNew York Supreme Court · 1838
- Davis v. SmithSupreme Court of Georgia · 1848
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