King v. Kerr's Administrators
Ohio Supreme Court
This case was adjourned from the county of Ross, and came before the court upon an agreed state of facts. It was an action of covenant upon a warranty in a deed of conveyance made by Kerr,, in his lifetime, December 30, 1807, to M. Baldwin, for a lot in the-town of Chillicothe, in which deed the consideration expressed was two hundred dollars.
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This case was adjourned from the county of Ross, and came before the court upon an agreed state of facts. It was an action of covenant upon a warranty in a deed of conveyance made by Kerr,, in his lifetime, December 30, 1807, to M. Baldwin, for a lot in the-town of Chillicothe, in which deed the consideration expressed was two hundred dollars. This lot, by intermediate conveyances,, all containing covenants of warranty, came to the plaintiff, King, *by a conveyance dated November 4, 1817, from Marcus Heylen and wife; consideration expressed, two thousand eight hundred dollars. The possession…
1Opinion of the Court
Opinion of the court, by
Judge Collet:
The covenant of warranty in a deed conveying land, or any interest in laud, is an undertaking by the warrantor, that on the failure of the title which the deed purports to convey, either for the whole estate or for a part only, by the setting up a superior •title, that he will make compensation in money,'for the loss sustained by such failure of title. It is commonly, in express terms, • extended, to the heir and assignee of the grantee, but this is immaterial. This covenant is not broken until the grantee, his heir ■ or assignee, is evicted from or…
2Cases cited8 opinions
- Booth v. StarrSupreme Court of Connecticut · 1814
- Kane v. SangerNew York Supreme Court · 1817
- Bennet v. JenkinsNew York Supreme Court · 1816
- Caulkins v. HarrisNew York Supreme Court · 1812
- Solomons v. M'KinstryCourt for the Trial of Impeachments and Correction of Errors · 1815
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3Cited by3 opinions
- Carpenter v. Antero Resources Appalachian Corp.Ohio Court of Appeals · 2022
- Consumers United Insurance v. BustamanteOhio Court of Appeals · 1996
- McAlpin v. WoodruffOhio Supreme Court · 1860