41 N.H. 373 | N.H. | 1860
The liability of the defendants is the same as if the action were brought against them as heirs of John Thompson, upon the covenants in his deed to Hutchinson. Simons v. Moore, 3 B. & Ad. 175; Browning v. Wright, 2 B. & P. 13; Rich v. Lord, 18 Pick. 322 ; Jackson v. Stackpole, 1 Cow. 122.
It was decided in Willson v. Willson, 25 N. H. 229, that in an action for the breach of the covenant of warranty,
The plaintiff is entitled to judgment for two fifths of the consideration of the conveyance from John Thompson to Hutchinson, with interest thereon for six years, deducting the amount paid by the defendants to Morrill as mesne profits, and also for the costs recovered by Morrill and Martin on their petition for partition.
Judgment for the plaintiff.
Fowler, J., did not sit.