Keith v. Day
Supreme Court of Vermont
This was an action of covenant broken. • • • . The plaintiff, in his declaration, alleged, in substance, that the defendant, on the fourth day of March, 1806, by his deed of that date, duly excuted, &c., conveyed to one John Baker, his heirs and assigns, a parcel of land in Barre, containing sixteen and one half acres, ( describing it by metes and bounds,) and in his said deed covenanted that he would warrant and defend said premises against all lawful claims of all persons…
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This was an action of covenant broken. • • • . The plaintiff, in his declaration, alleged, in substance, that the defendant, on the fourth day of March, 1806, by his deed of that date, duly excuted, &c., conveyed to one John Baker, his heirs and assigns, a parcel of land in Barre, containing sixteen and one half acres, ( describing it by metes and bounds,) and in his said deed covenanted that he would warrant and defend said premises against all lawful claims of all persons whomsoever ; — that said Baker, afterwards, to wit, on the 7th day of May, 1817, by his deed of warranty of that date,…
1Opinion of the Court
*670The opinion of the court was delivered by
Redeield J.
The first question made in the caséis, whether the covenants in defendant’s deed, of general warranty of title, are to be considered as a covenant against the claim of the University for rent. The terms of the covenant are to warrant and defend the premises against the claims of all persons. Now it is not very obvious how the fact that this land was college land, subject to a rent to be paid annually, should affect the construction of this covenant so as to except that claim from its operation. The fact that both parties knew of this claim,…
2Cases cited2 opinions
- Booth v. StarrSupreme Court of Connecticut · 1814
- Withy v. MumfordNew York Supreme Court · 1825
3Cited by3 opinions
- Clement v. Bank of RutlandSupreme Court of Vermont · 1889
- Smith v. PerrySupreme Court of Vermont · 1854
- Farwell v. BeanSupreme Court of Vermont · 1909