Knickerbacker v. Killmore

Decided May 15, 1812

New York Supreme Court · decided 1812-05-15

THIS was an action of covenant. The declaration stated, that by a deed made between the defendant and the plaintiff, dated 25th April, 1807, the defendant bargained, sold, assigned, transferred and set over to the plaintiff, his executors, &c. all the, parcels of land and premises contained and described in a certain lease or articles of agreement, made between Robert Livingston, of the one part, and J. Killmore, of the other part, dated the 1st May, 1790; to have and to…

Good law ✅— No negative treatment on recordhow we know

Decided 1812-05-15

How this case has been cited

Cited by 7 later decisions — most recently February 1899

6 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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Per Curiam.

¶1This was a qualified covenant, and is to be confined to the acts of the defendant himself. He sold the estate in as ample a manner, to all intents and purposes, as he might or could enjoy the same; and he covenants that he has a right to sell the premises, “as is above written,” and that the same are clear of all arrearages of rent or other encumbrances. It would be unreasonable and unjust, to suppose that the defendant meant to warrant his landlord’s title. There must be judgment for the defendant. '

¶2Judgment for the defendant.