Barrett v. Porter

Where it appeared, on the return of an extent of an execution on land, that three appraisers were appointed and sworn, and that all the three had acted in the appraisement, although the certificate was subscribed by two only, and no reason given why the third did not subscribe, it was holden, that the return might be sustained, (1) Where, at the time of the conveyance of land, a part of it was under attachment at the suit of a creditor of the grantor, and afterwards execution in the same suit was extended thereon, this was holden to be an encumbrance within the covenant in the deed, that the title was free from encumbrances. The extent was holden to be an eviction; and the appraised value of the land extended upon was made the measure of damages.

In covenant broken, on a conveyance of land with a covenant that the premises granted were free of encumbrances, it was agreed that, prior to the conveyance, a creditor of the grantor had attached the same land on mesne process, and after the conveyance had extended his execution on a part thereof.