Gill v. Ferrin
Supreme Court of New Hampshire
Covenant Broken. The defendant and her three children acquired title to the premises in question by descent from the defendant’s late husband.
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Covenant Broken. The defendant and her three children acquired title to the premises in question by descent from the defendant’s late husband. On December 26, 1899, the plaintiff and his partner, Loveland, made a written agreement with the defendant and her children to purchase the property for the sum of $8,500, of which $1,000 was paid on the date of the agreement and the balance was to be paid on or before July 15, 1900. The agreement further provided that the Ferrin heirs should have the privilege of occupying the premises, or a part of them, until July 19, 1900. During the latter part of…
1Opinion of the CourtWalker, J.
In Watts v. Welman, 2 N. H. 458, A conveyed to B a tract of land in fee and in mortgage, and afterward, in consideration that C agreed to pay and discharge the mortgage, conveyed to C a. parcel of the same land, with a covenant that the parcel so conveyed was free of all incumbrances; and it was lield that as between A and 0 the mortgage was not to be considered as an incumbrance within the meaning of the covenant. It is there said: “The moment the land was conveyed by the defendant to the plaintiff, the debt due to Jones [the mortgagee] became the debt of the plaintiff, and ought as between…
2Cases cited10 opinions
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Whitbeck v. CookNew York Supreme Court · 1818
- Patterson v. ArthursSupreme Court of Pennsylvania · 1839
- Simanovich v. WoodMassachusetts Supreme Judicial Court · 1887
- Flynn v. BourneufMassachusetts Supreme Judicial Court · 1887
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3Cited by6 opinions
- McClellan v. MorrisSupreme Court of Colorado · 1922
- Choquette v. RoySupreme Court of New Hampshire · 2015
- Tyssowski v. F. H. Smith Co.District of Columbia Court of Appeals · 1910
- Thompson v. HirtSupreme Court of Iowa · 1923
- Boston & Maine Railroad v. Northern RailroadSupreme Court of New Hampshire · 1928
1 more not listed; retrieve them via the Exa API.