A Treatise On the American Law of Real Property

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487 ; Steams, Real Act. 136 ; Andrews v. Denison, 16 N. H.
473 ; Andrews v. Davison, 17 N. H. 413.
* Boyle V. Edwar4s, 114 Mass. 373.
452 FORMS OP CONVEYANCE.
therein, and be estopped to deny its validity.^ In one case, a grantor conveyed with warranty, and a third party claimed the right to maintain a drain across the granted premises. The grantee interrupted this use, and the third party sued him for so doing. He gave notice to the grantor, who failed to defend ; and the grantee, upon trial,
...was held to pay damages. In an action upon the covenant, he recovered the damage to his land of having to permit such a drain, and the damages and costs recovered in the former suit.^ So where a vendor is sued upon his covenant against incumbrances, if he hold a like deed with covenants from his grantor, and the incumbrance be an exist- ing one at the time of both conveyances, he may vouch in his covenantor, and thus bind him by the judgment against him- self in the action.^ § 2397. Warrantor must have paid to recover from Prior "Warrantor.

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