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1 Lock. Rev. Cas. 162

Tymason v. Bates

Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01

In this case, the action was for a breach of the covenant of seisin, and the Supreme Court held, 1. that the plaintiff is entitled to… Held: that the plaintiff is entitled to recover, if he shows an eviction by due process of law, from any portion of the premises embraced within the courses and distances actually run, and the monuments actually established in a survey made previous to the execution of the deed, in reference to the premises conveyed; although the land from…

Decided 1799-07-01

¶1Judgment reversed accordingly.

¶2iCr” Q,uere ? whether even written evidence of such design nation of, the limits by the grantor, such as his letters, &c., previous to the conveyance, would be admissible evidence, in such an action of covenant, under such circumstances? and whether, if such designation were the mistake or fraud of the grantor, the remedy of the grantee would not be in equity, or an action on the case ? If so, it would seem to follow that a subsequent grantee of the first grantee, could have no remedy against the grantor, either at law or in equity, upon such eviction, as such a cause of action could not run with the land, by virtue of the covenants of seisin and quiet enjoyment, the premises evicted of. not being in fact conveyed by the deed.

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