Crouch v. Fowle
Superior Court of New Hampshire
Covenant. The declaration alleged that the defendant, on the 23d of September, 1826, by his deed of lease, duly executed by the defendant of the one part, and the plaintiff of the other part, for the consideration therein mentioned, did demise, lease and to farm let to the plaintiff, his heirs and assigns, a certain tract of land, lying in Haverhill, &e. —to have and hold for the term of nine hundred and ninety-nine years from the date ; and that the defendant covenanted…
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Covenant. The declaration alleged that the defendant, on the 23d of September, 1826, by his deed of lease, duly executed by the defendant of the one part, and the plaintiff of the other part, for the consideration therein mentioned, did demise, lease and to farm let to the plaintiff, his heirs and assigns, a certain tract of land, lying in Haverhill, &e. —to have and hold for the term of nine hundred and ninety-nine years from the date ; and that the defendant covenanted therein that he had good right and lawful authority to demise, grant, and lease the same, for the term aforesaid, and that…
1Opinion of the CourtParker, C. J.
The lease in this case contains no covenant, in terms, that the defendant had good right and title *222to lease the premises; and the first question which arises is, whether, from the language contained in the lease, such a covenant is to be implied.
It seems to have been long settled, that in conveyances in fee simple, containing the. words give, grant, &c., a covenant of warranty is implied in the word ‘give.’ Perkins, sec. 124 : Co. Litt. 384, a, vote 332 : 4 Coke 80, Noke's case ; Shep. Touch. 184; 2 Caines 188, Frost vs. Raymond; and that in a lease, the term ‘ demise’ imports a covenant on…
2Cases cited5 opinions
- Frost v. RaymondNew York Supreme Court · 1804
- Vanderkarr v. VanderkarrNew York Supreme Court · 1814
- Kent v. WelchNew York Supreme Court · 1810
- Laughran v. KellyMassachusetts Supreme Judicial Court · 1851
- Gates v. CaldwellMassachusetts Supreme Judicial Court · 1810
3Cited by5 opinions
- Great Lakes Aircraft Co. v. City of ClaremontSupreme Court of New Hampshire · 1992
- Turcotte v. GriffinSupreme Court of New Hampshire · 1980
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Best v. Crown Drug Co.Court of Appeals for the Eighth Circuit · 1946
- Reed v. HatchSupreme Court of New Hampshire · 1875