Kortz v. Carpenter

New York Supreme Court

Kortz v. Carpenter

5 Johns. 120

CourtNew York Supreme Court

DecidedNovember 15, 1809

StatusPublished

Cited by11 cases

This text of 5 Johns. 120 (Kortz v. Carpenter) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kortz v. Carpenter, 5 Johns. 120 (N.Y. Super. Ct. 1809).

Pincite

Opinion

Per Curiam.

This case cannot be distinguished fronl that of Waldron v. M'Carty. (3 Johns. Rep. 471.) The covenant for quiet enjoyment goes to the possession and not to the title. It appears to be a technical rule, that nothing amounts to a breach of this covenant, but an actual eviction, or disturbance of the possession of the covenantee. (8 Co. 89. b. Comyn's Rep. Anon. 228.) The defendant is, therefore, entitled to judgment.

Judgment for the defendant.

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Per Curiam.

This case cannot be distinguished fronl that of Waldron v. M'Carty. (3 Johns. Rep. 471.) The covenant for quiet enjoyment goes to the possession and not to the title. It appears to be a technical rule, that nothing amounts to a breach of this covenant, but an actual eviction, or disturbance of the possession of the covenantee. (8 Co. 89. b. Comyn's Rep. Anon. 228.) The defendant is, therefore, entitled to judgment.

Judgment for the defendant.

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Bluebook (online)

5 Johns. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kortz-v-carpenter-nysupct-1809.

Opinion

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