Barrett v. Porter
Massachusetts Supreme Judicial Court
In covenant broken, on a conveyance of land with a covenant that the premises granted were free of encumbrances, it was agreed that, prior to the conveyance, a creditor of the grantor had attached the same land on mesne process, and after the conveyance had extended his execution on a part thereof.
1Opinion of the Court
The Court
observed that here was an actual eviction under a paramount title, and as this had been ruled, in the * case last cited, to be a breach of the covenant against encumbrances, the proper measure of damages would be the sum at which the land was appraised, with interest thereon from the time of the eviction ; and judgment was entered accordingly upon the default of the defendant.
2Cited by9 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1807
- Chapel v. BullMassachusetts Supreme Judicial Court · 1821
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