8 Mass. 146
Massachusetts Supreme Judicial Court
Decided October 15, 1811
Massachusetts Supreme Judicial Court · decided 1811-10-15
<p>In covenant broken upon a conveyance of land with warranty, it is not competent for the defendant to give parole evidence that the plaintiff had knowledge of the title, by which he had been evicted, and agreed that the defendant should not be charged in the event of such an eviction.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1811-10-15
Cited by 14 later decisions — most recently December 2003
1 federal appellate · 13 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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¶1This was an attempt to control the effect of a written and sealed instrument, by parole evidence, which is never permitted. Supposing this encumbrance known, it was still competent to the defendant to covenant with his grantee to save him harmless from its effects; and if such was not his intention, he should have ex cepted it out of his general covenants.
¶2 Judgment on the verdict