Foster v. Woods
Massachusetts Supreme Judicial Court
This was an action of covenant broken, against the defendants, as administrators of the estate of James Woods, who, with one Joseph Pepper, as administrators of the estate of one Ezra Pepper, deceased, conveyed sundry tracts of land, part of the estate of said Ezra, to the plaintiff, by their deed dated the 14th of September, 1807. The covenant contained in the deed, which is alleged to be broken, is that of warranty; and an eviction is averred under a judgment of Court in…
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This was an action of covenant broken, against the defendants, as administrators of the estate of James Woods, who, with one Joseph Pepper, as administrators of the estate of one Ezra Pepper, deceased, conveyed sundry tracts of land, part of the estate of said Ezra, to the plaintiff, by their deed dated the 14th of September, 1807. The covenant contained in the deed, which is alleged to be broken, is that of warranty; and an eviction is averred under a judgment of Court in favor of Ezra Pepper, junior, son of the aforenamed Ezra, of whose estate the defendants’ intestate was adminis?trator.…
1Opinion of the Court
Curia.
The motion to set aside the nonsuit is overruled. The exception from the operation of the covenants in the deed'is of all mortgages made by Ezra Pepper in his lifetime. The reference to the record may be considered as descriptive, or as an affirmation that all the mortgages were recorded. The deed to Ezra Pepper, jun., Oeing then on record, and the bond of defeasance not being required at that period to be recorded, it was at least ambiguous, whether ihat deed was not considered by the parties as one of the mortgages recorded. And this, we think, lets in the paroi evidence, by which it…
2Cited by6 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
- Kilby Mfg. Co. v. Hinchman-Renton Fire Proofing Co.Court of Appeals for the Eighth Circuit · 1904
- Hall v. RandSupreme Court of Connecticut · 1831
- State Historical Ass'n v. SilvermanCourt of Appeals of Georgia · 1909
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