Den v. Gifford
Den v. Gifford
Opinion of the Court
No objection has been made to this instru
Against a man’s covenant and agreement no title can be supported, and as the defendant is under Abraham, she cannot be in a better situation.
In Roe, ex dem. Wilkinson, v. Tranmer, 2 Wils. 75, a release was adjudged by the whole court, to operate as a covenant to stand seized ; and it was said that courts should go a great way to effectuate the intentions of the party. We therefore think the plaintiffs are entitled to recover. The grantees being alive, it is not material to give an opinion as to the nature of the estate to which they are entitled.
The estate was to commence in futuro. See Wallis v. Wallis, 4 Mass. Rep. 135; Den, ex dem. Ward, v. Ward, N. Carolina Cases 28.
Reference
- Full Case Name
- DEN, ON THE DEMISE OF EVANS AND WIFE v. GIFFORD
- Status
- Published