
    Caulkins and others, executors of Albee, against Harris.
    NEW YORK,
    Oct. 1812.
    In an action of covenant, for a Breach of a covenant of seisin in a the^grantee the* actual en” joyment ofthe the mesne yearsbut valid title from the grantor; that the gran-ilea "to recover the consideration money, and the interest thereon, for six years only, and the costs.
    THIS was an action of covenant, brought on a covenant contained in a deed from the defendant to the testator, dated the 20th August, 1796, by which the defendant, for the consideration of 500 dollars, conveyed part of a lot of land, No. 63. in Aurelius, to testator, and covenanted that, at the date of the deed, he was lawfully seised in his own right, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee-simple, in the premises &c. and had good right, &c. to convey, See. The plaintiffs in their declaration assigned breaches of the covenant. The defendant pleaded nonest factum. The cause was tried at the Cayuga circuit, in June, 1812, before Mr. Justice Spencer, when a verdiet was taken, by consent, for the plaintiffs, for 1,060 dollars damages, being the amount of the consideration money expressed in v 3. the deed, with interest; subject to a.deduction by the court, if they should be of opinion that the plaintiffs are not entitled to Merest for the whole time, it being admitted that the testator and his heirs occupied the premises from the date of the deed to this time, but without any,valid title from the defendant.
    The case was submitted to the court without argument.
   Per Curiam.

The plaintiffs in this case are entitled io the 500 dollars, with six years’ interest thereon, and no more. This case comes within the rule settled in that of Staats v. The Executors of Ten Eyck; (3 Caines’ Rep. 111.) for the premises appear to have been actually enjoyed, and the mesne profits taken, by the grantee and his heirs. The judgment must, therefore, be for 710 dollars, and the costs.

Judgment accordingly.  