Kennison v. Taylor

Decided July 15, 1846

Superior Court of New Hampshire · decided 1846-07-15

Covenant. The deed contained the following covenants : “And I, James T. Taylor, my heirs, executors and administrators, do hereby covenant, grant and agree, to and with the said Solomon Kennison, his heirs and assigns, that, until the delivery hereof, I am the lawful owner of the said granted premises, seized and possessed thereof in my own right in fee simple, and have full power and lawful authority to grant and convey the same in manner aforesaid ; that the said premises…

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Decided 1846-07-15

How this case has been cited

Cited by 3 later decisions — most recently December 2009

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gilchrist, J.

¶1The covenant of warranty in the deed is limited to the acts of parties claiming under the grantor, but the action may be maintained upon the other covenants.

¶2For the breach of these, the plaintiff is entitled to *222recover the price of the land, whieh he bas paid, bis expenses in defending tbe action upon which be was evicted, including counsel fees among those necessary expenses, and a reasonable remuneration for bis personal pains and trouble in tbe matter. Loomis v. Redel, 11 N. H. Rep. 74; Haynes v. Stevens, 11 N. H. Rep. 28; Moody v. Leavitt, 2 N. H. Rep. 174.

¶3But any measures that be bas seen fit for his own protection to pursue after bis covenantor bas come into court upon notice, and assumed the defence, are voluntary. If be choose to incur the expense, be cannot call upon tbe defendant for indemnity. The sum of $15 paid on this account must therefore be disallowed.