Legal Opinion

Mills v. Catlin

Supreme Court of Vermont

Decided December 15, 1849PublishedCited by 40 opinions

Covenant. The plaintiff alleged in his declaration, that the defendant conveyed to him, by deed, the equal, undivided half of fifty acres of land on the east end of lot No. 75 in Colchester, with covenants of seisin, of good right to bargain and sell, and against incumbrances, and averred, in general terms, a breach of each of these covenants. The defendant pleaded performance of his covenants. Trial by Jury, March Term, 1847, — Bennett, J., presiding.

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Covenant. The plaintiff alleged in his declaration, that the defendant conveyed to him, by deed, the equal, undivided half of fifty acres of land on the east end of lot No. 75 in Colchester, with covenants of seisin, of good right to bargain and sell, and against incumbrances, and averred, in general terms, a breach of each of these covenants. The defendant pleaded performance of his covenants. Trial by Jury, March Term, 1847, — Bennett, J., presiding. On trial the plaintiff offered in evidence a deed to himself from the defendant, dated August 5,1843, conveying premises as follows, —“the…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

An important question is raised in this case, in relation to the construction of the granting part of the deed from the defendant to the plaintiff. The grant, or rather the thing granted, *104is, thus described by the grantor, — “ the following described land in Colchester; all the land which I own by virtue of a deed, dated the eighteenth day of January, 1843, from Asa S. Mills, recorded,” &c, — “ being all my right and title to the land comprising fifty acres off of the east end of lot No. 75 in said town.” This deed should be construed…

2Cases cited2 opinions

  1. Richardson v. DorrSupreme Court of Vermont · 1833
  2. Catlin v. HurlburtSupreme Court of Vermont · 1831

3Cited by40 opinions

  1. Eckleberry v. Kaiser Foundation Northern HospitalsOregon Supreme Court · 1961
  2. Limoge v. People's Trust Co.Supreme Court of Vermont · 1998
  3. Shover v. MyrickIndiana Court of Appeals · 1892
  4. Kennedy, Admr. v. Rutter, Admr.Supreme Court of Vermont · 1939
  5. Bean v. KenmuirSupreme Court of Missouri · 1885

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