Morris v. Phelps
New York Supreme Court
THIS was an action of covenant. The declaration contained two counts. The first count was on a deed, dated 1st January, 1795, whereby the defendant, in consideration of 20,0001. conveyed to the plaintiff, 67,953 acres of land, and among which were two tracts in township No. 2. in the first range of townships in Ontario-; the one containing 3,360 acres and the other, 1,600 acres, both described by metes and bounds.
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THIS was an action of covenant. The declaration contained two counts. The first count was on a deed, dated 1st January, 1795, whereby the defendant, in consideration of 20,0001. conveyed to the plaintiff, 67,953 acres of land, and among which were two tracts in township No. 2. in the first range of townships in Ontario-; the one containing 3,360 acres and the other, 1,600 acres, both described by metes and bounds. In the deed the defendant covenanted, that he was seised in fee of all the premises, without any charge or incumbrance whatever, and that he had good right to convey, &c. The second…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This action is for a breach of the covenants of seisin, contained in two separate deeds.
In one of them, the defendant, for a large consideration, conveyed three tracts of land,when as to two of those tracts, he had only a right to an undivided part; and in the other deed, for a valuable consideration, he conveyed one tract when he had a right only to an undivided part of it.
Upon the trial, the defendant offered to show that the lands to which the title in part failed, in the first deed, were of inferior quality to the other lands mentioned in…
2Cited by27 opinions
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- Messer v. OestreichWisconsin Supreme Court · 1881
- Reynolds v. FranklinSupreme Court of Minnesota · 1890
- Mayer v. . HeidelbachNew York Court of Appeals · 1890
- Clark v. ZeiglerSupreme Court of Alabama · 1885
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