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The American and English Encyclopedia of Law Volume 4

The American and English Encyclopedia of Law Volume 4

Paperback

General Law

Currently unavailable to order

ISBN10: 1153673150
ISBN13: 9781153673150
Publisher: General Books
Pages: 724
Weight: 2.80
Height: 1.45 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 Excerpt: ...567, --or there is a material deficiency in the amount of the land conveyed, --see Mann 7: Pierson, 2 Johns. Bay had by the grantee, the covenant runs with Kin-the land. Wyatt v. Dunn (Mo.), 6 West. Rep. 863. New York Doctrine.--It is said in NewYork that the rule is well settled that where the vendor enters into a contract to sell caid v. Brittain, 5 Sneed (Tenn.), 123;--if the grantor at the time of conveyance did not own such things affixed to the freehold as would pass with it to the grantee, --Van Wagner v. Van Nostrand, 19 Iowa, and convey real estate under a belief that tion for a breach of the covenant in the v. Trueman, 4 Mass. 630; s. c, 3 Am. Dec. 427; Burke v. Nichols, 1 Abb. App. Dec. (N. Y.) 260; Ritchinyer v. Morris, 3 Keves (N. Y.), 349; s. c, 37 How. Pr. (N. V.) 388; Mott. Palmer, 1 N. Y. 572; Loughram v. Ross, 45 N. Y. 792; s. c, 6 Am. Rep. 173; Tift v. Horton, 53 N. Y. 3S1; West v. Stewart, 7 Pa. St. 122; Powers v. Dennison, 30 Vt. 752;--or if there is a judgment for taxes, sale, and a tax-deed, --Vorhis v. Forsythe, 4 Biss. C. C. 409, --and if the grantor has only an estate tail, --Comstock v. Comstock, 23 Conn. 352, --and an action will lie in covenant for damages. Yet it has been held that one who purchases under a warranty deed, containing the usual covenants of seisin and quiet possession, cannot rescind the bargain on the ground of mistake as to the vendor's title, if the mistake does not go to the entire consideration, as where he supposed the vendor had title in fee-simple, instead of a nitre life estate. Leal v. Terbush, 52 Mich. 100; s. c, 17 N. W. Rep. 713; 18 Cent. L. J. 97. Nominal Damages for Breach.--On a breach of the covenant of seisin, an action in covenant to recover any thing more than nominal damages for the breach wil...

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