Hall v. Dean
New York Supreme Court
THIS was an action of covenant. The declaration stated, • that on the 30th of March, 1804, the defendant and his wife executed a certain deed, by which, for the consideration of 4,626 dollars, they conveyed certain premises to the plaintiff, in fee; and the defendant, among other things, covenanted, “ that the said Joseph Hall, his heirs and assigns, should, and might, at all times thereafter, peaceably and quietly have, hold, occupy, 1*1*1 ■* • i i n and enioy the…
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THIS was an action of covenant. The declaration stated, • that on the 30th of March, 1804, the defendant and his wife executed a certain deed, by which, for the consideration of 4,626 dollars, they conveyed certain premises to the plaintiff, in fee; and the defendant, among other things, covenanted, “ that the said Joseph Hall, his heirs and assigns, should, and might, at all times thereafter, peaceably and quietly have, hold, occupy, 1*1*1 ■* • i i n and enioy the above-granted premises, and every part thereof, and the appurtenances, without any let, suit, trouble, molestation, eviction, or…
1Opinion of the CourtYates, J.
If this had been a covenant for quiet enjoyment only, it is clear that a lawful eviction of the grantee would be necessary to authorize the action, because such a covenant goes to the possession, and not to the title 5 (3 Johns. Rep, 471, 5 Johns. Rep. *106130.;) but, in this'case, the covenant against incumbrance's is coupled with it. The defendant not only covenants that the-plaintiff shall peaceably and quietly occupy and enjoy the premises, but that the premises, shall be free, clear, discharged, and unincumbered of, and from, all former and other titles,' charges, estates, and…
2Cited by15 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Bowman v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1874
- Stearn v. HesdorferNew York Court of Common Pleas · 1894
- McGuckin v. MilbankNew York Supreme Court · 1895
- Handly v. CallSupreme Judicial Court of Maine · 1849
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