7 Johns. 258 | N.Y. Sup. Ct. | 1810
Here are two covenants in this deed; 1. The implied covenant or warranty in law, by force of the word give, and which is good only for the life of the grantor; 2.The express covenant on the warranty against all claims and demands. But before there can be any remedy upon either covenant, there must be a lawful eviction averred and shown, and the declaration is bad for want of this averment. The implied covenant here is a covenant of warranty, and so it appears from the cases referred to in the opinion of the court in Frost v. Raymond; (2 Caines, 188.) and it is well understood that under a covenant of warranty the plaintiff must show an eviction. (2 Johns. Rep. 1.) This objection is fatal to the plaintiff’s action.
Judgment for the defendant.