Powell v. Clark
Massachusetts Supreme Judicial Court
In an action of covenant broken, the plaintiff declares upon a deed by which the defendant conveyed to him two several parcels of land in Lanesborough, and covenanted that the first of the parcels contained twenty-nine acres and twelve rods, when in fact it contained but twenty-five acres; and that the second parcel contained six acres and one hundred rods, when in fact it contained but four acres, and so the defendant his covenants aforesaid has broken. * The defendant…
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In an action of covenant broken, the plaintiff declares upon a deed by which the defendant conveyed to him two several parcels of land in Lanesborough, and covenanted that the first of the parcels contained twenty-nine acres and twelve rods, when in fact it contained but twenty-five acres; and that the second parcel contained six acres and one hundred rods, when in fact it contained but four acres, and so the defendant his covenants aforesaid has broken. * The defendant prays oyer of the deed declared on, [ * 356 ] and has it. In the deed the defendant, for a valuable consideration, conveys…
1Opinion of the CourtParsons, C. J.
The question before us in this action depends upon the construction of the deed declared on; and we are of opinion that the words expressing the quantity of land in the two tracts do not amount to a covenant, but are merely descriptive of the lands conveyed. Each tract is definitely limited, and any sui veyor could easily ascertain its contents; and the plaintiff might have known the quantity of land contained within the limits described, before he concluded his purchase, by taking the proper measures. If, to avoid that trouble, he chose to rely on the estimation of the defendant, he should…
2Cases cited1 opinion
- Perkins v. WebsterSuperior Court of New Hampshire · 1820
3Cited by54 opinions
- Stanley v. GreenCalifornia Supreme Court · 1859
- Kendall v. WellsSupreme Court of Georgia · 1906
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
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