Pettee v. Hawes
Massachusetts Supreme Judicial Court
Action of covenant. The declaration alleges, that the defendant, together with his wife, on August 24, 1814, by their deed of that date, for 1000 dollar's, bargained and sold to Hezekiah Pettee, his heirs and assigns, a farm or tract of land in Foxborough, containing about 79 acres, with the privileges and appurtenances thereto belonging, being the farm formerly owned by Simon Morse, and that he therein covenanted with Hezekiah, his heirs and assigns, that the land was free…
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Action of covenant. The declaration alleges, that the defendant, together with his wife, on August 24, 1814, by their deed of that date, for 1000 dollar's, bargained and sold to Hezekiah Pettee, his heirs and assigns, a farm or tract of land in Foxborough, containing about 79 acres, with the privileges and appurtenances thereto belonging, being the farm formerly owned by Simon Morse, and that he therein covenanted with Hezekiah, his heirs and assigns, that the land was free of all incumbrances ; that Hezekiah, on April 24, 1820, by his deed of that date, bargained and sold to Daniel Pettee,…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The Court are of opinion that the second plea in bar is good. It appears that the defendant conveyed to Hezekiah Pettee, through whom the plaintiff claims, several tracts and parcels of real estate, at one and the same time and as part of the same transaction, one of which was a tract of land, part of which has since been conveyed to the plaintiff, and one other part of which was half of a grist-mill and the water privilege appurtenant. Subsequently, Hezekiah Pettee conveyed to Daniel Pettee, a part of the land in question, but no right to the…
2Cited by2 opinions
- New Bedford & Bridgewater Turnpike Corp. v. AdamsMassachusetts Supreme Judicial Court · 1811
- State v. SuttonSupreme Court of North Carolina · 1905