Booth v. Starr
Supreme Court of Connecticut
THIS was a petition in chancery, brought to the superior court in Fairfield county. The facts stated in the petition, and found by the court, were these. John Booth in 1795, conveyed a lot of land in Hudson to Stephen Booth, the petitioner, with the usual covenants of warranty and seisin.
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THIS was a petition in chancery, brought to the superior court in Fairfield county. The facts stated in the petition, and found by the court, were these. John Booth in 1795, conveyed a lot of land in Hudson to Stephen Booth, the petitioner, with the usual covenants of warranty and seisin. In 1802, the petitioner conveyed the premises to one McKinstry ; McKinstry afterwards conveyed to one Seymour ; he conveyed to Thomas Williams ; and he conveyed to Elisha Williams, Esq. ; there being in each of the deeds the same covenants as in the deed first mentioned. At the time John Booth conveyed the…
1Opinion of the CourtSwift, J.
The question is, whether in the case of a covenant of warranty annexed to lands, an intermediate covenantee can maintain an action covenant prior covenan*246tor without having been sued by, or satisfied the damages to, the last covenantee, who has been evicted.
A covenant real is annexed to some estate in land ; it runs with the land, and binds not only heirs and executors, but assignees. Every assignee may, for a breach of such covenant, maintain an action against all or any of the prior warrantors, till he has obtained satisfaction. This results from the nature of the covenant ; for each…
2Cases cited1 opinion
- Filly v. BraceSupreme Court of Connecticut · 1793
3Cited by22 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Rogers v. AtkinsonSupreme Court of Georgia · 1846
- Butler v. BarnesSupreme Court of Connecticut · 1891
- Stuart v. CarterWest Virginia Supreme Court · 1916
- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884
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