Boyd v. Bartlett
Supreme Court of Vermont
Covenant. The defendant demurred generally to the original declaration, and the court sustained the demurrer, and rendered judgment for the defendant to recover his costs. Thereupon the plaintiff moved for leave to amend his declaration by adding a new count, based upon a different covenant from that averred in the original declaration, and on terms that the plaintiff pay the defendant’s costs during the pendency of the demurrer.
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Covenant. The defendant demurred generally to the original declaration, and the court sustained the demurrer, and rendered judgment for the defendant to recover his costs. Thereupon the plaintiff moved for leave to amend his declaration by adding a new count, based upon a different covenant from that averred in the original declaration, and on terms that the plaintiff pay the defendant’s costs during the pendency of the demurrer. The motiqn was granted, to which the defendant excepted. The new count was filed, to which the defendant demurred generally. The substance of the original and…
1Opinion of the CourtPeck, J.
The first question is whether the county court erred in allowing an amendment of the declaration by filing the new count. The original declaration counts on the covenant in a deed pf ypal estate executed by the defendant to Thomas Ghostlipg *12that the premises were free of incumbrance. The count alleges that Ghostling afterwards conveyed to Pike, and Pike, to the plaintiff, and alleges as a breach that at the date of the defendant’s . deed to Ghostling the premises were encumbered by a mortgage to the defendant’s wife. The new count counts upon a covenant in the same deed, to warrant and defend…
2Cases cited3 opinions
- Turner v. GoodrichSupreme Court of Vermont · 1853
- Williams v. WetherbeeSupreme Court of Vermont · 1826
- Haskins v. FerrisSupreme Court of Vermont · 1851
3Cited by15 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Daley v. GatesSupreme Court of Vermont · 1893
- Schlitz v. Lowell Mutual Fire InsuranceSupreme Court of Vermont · 1923
- Tillotson v. PrichardSupreme Court of Vermont · 1887
- Kennett v. TudorSupreme Court of Vermont · 1911
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