Public-domain · open source
OpenJurist

16 Me. 392

Carleton v. Tyler

Supreme Judicial Court of Maine

Decided July 15, 1839

Supreme Judicial Court of Maine · decided 1839-07-15

This was an action of covenant broken, against Simeon Tyler, Ephraim Wood and Joseph Jones, wherein the plaintiff alleged, that the defendants, by their deed dated Oct. 1, 1833, conveyed all their right, title and interest in and to certain real estate in Camden, particularly described, and in the same deed, covenanted among other things, “ that they would warrant and forever defend the premises, so conveyed as aforesaid, to him the said William Carleton, his heirs and…

Cited by 3 later decisions — most recently January 1928

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1839-07-15

View the full empirical analysis of this case →

¶1After advisement, the opinion of the Court was drawn up by

Weston C. J.

¶2The terms, “ through or under us,” used in the covenant, are broad enough to embrace all lawful claims, derived from the covenantors, collectively or severally. The covenant was joint; and wc must regard it as too narrow a construction to hold, that each might have conveyed separately without a breach. We have hesitated, whether the covenant might not be taken distributively, so as to hold each severally liable, upon his own separate conveyance; but the language, expressive of a joint covenant, is too strong to justify the Court in withholding from the grantee a remedy against all, upon any breach, within the range of the covenant. It was made joint for his protection, and as such must be enforced. The case is not so clear as could have been desired ; and we have been referred to no precedents, which can contribute much to its elucidation. If the defendants are held beyond what they intended or expected, they should have explained themselves. In the absence of any better or more satisfactory rule of construction, the law requires, that the terms they use should be taken most strongly against them.

¶3Declaration adjudged good.

/16/me/392 · .json · Public domain