Select Cases And Other Authorities On the Law of Conveyances And Related Subjects

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& N. 742.
beddoe's executor v. wadsworth 589 sent, surrendered possession of the land to the testator, John Beddoe, who continued in possession until Johnston, on the 16th August, 1802, by indenture, in consideration of one dollar, therein expressed as in hand paid by Beddoe, did " remise, release, and forever quit- claim unto the said John Beddoe, his heirs and assigns forever, all the right, title, interest, claim or demand, which the said John John- ston, &c., had in or to the said tract, &c
...., to have and to hold the said tract, &c., unto the said John Beddoe, his heirs and assigns forever, to his and their own proper use, benefit and behoof, &c." Each count stated an eviction from part of the premises, while in possession of persons claiming under John Beddoe, the plaintiff's testator, and during the lifetime of the testator. The eviction was alleged to have been in virtue of a title in one Rachel Malin. All the counts except the sixth stated this title to be paramount to the defendant's; and all except the fifth averred that the plaintiff, as executor, had thereby incurred damages and costs.

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