Tanner v. Livingston
New York Supreme Court
This was an action for the breach of the covenant of seisin in a deed of lands, tried at the Columbia circuit in November, 1831, before the Hon. James Vandbrpoel, one of the circuit judges.
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This was an action for the breach of the covenant of seisin in a deed of lands, tried at the Columbia circuit in November, 1831, before the Hon. James Vandbrpoel, one of the circuit judges. The plaintiff read in evidence a deed to him from the defendant and his wife, bearing date 6th May, 1830, conveying, for the consideration of $4300, two tracts of land containing together 357 acres, and proved that the premises conveyed were situate in that part of the manor of Livingston which fell to the share of, and was owned by John Livingston, the father of the plaintiff, who, in his lifetime,…
1Opinion of the Court
By the Court,
Nelson, J.
The will of John Livingston, the father of the defendant, as to the devise of the tract of land of which the premises in question are a part, is in the form generally found in deeds of conveyance, and in searching for the intent of the testator in this case, the rules applicable to the construction of deeds are very material. Having used the technical terms found in that species of conveyance, and which are well understood in the law, it is but reasonable to presume they were used in their well known sense, and this meaning should be given to them, unless clearly…
2Cases cited1 opinion
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
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