Wilson v. . Parshall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 6, 1891, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. The nature of the action and the facts so far as material are stated in the opinion. The covenant of seizin is in effect a covenant for a good title.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 6, 1891, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. The nature of the action and the facts so far as material are stated in the opinion. The covenant of seizin is in effect a covenant for a good title. (4 Kent’s Comm. 471; Rawle on Cov. § 58; Mott v. Palmer, 1 N. Y. 569.) Plaintiff’s cause of action was perfect as soon as he received his conveyance. (4 Kent’s Comm. 471, 472; Willard on Real Estate [2d ed.] 414;…
1Opinion of the CourtEarl, J.
This action was brought to recover damages for the breach of the covenants contained in a full covenant deed of real property situate in the city of Xew York, which was purchased of the defendant by the plaintiff in 1880. The plaintiff’s claim is that there were breaches of the covenants of seisin, of a right to convey and against incumbrances. The court directed a verdict against him, and he claims that, at least, the evidence should have been submitted to the jury.
The real estate formerly belonged to John W. Bockhorn, and on the 3d day of December, 1877, he conveyed it to the defendant by a…
2Cited by16 opinions
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- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Simmons v. Westwood Apartments Co.New York Supreme Court · 1965
- Cook v. JohnsonMassachusetts Supreme Judicial Court · 1896
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