Clearwater v. Rose
Indiana Supreme Court
ERROR to the Franklin Circuit Court. — Scire facias on a mortgage, issued by an assigned. The defendant craved oyer of the mortgage and assignments. The mortgage was to Miller, his .executors, administrators, and assigns, (without mentioning the word heirs;) and the scire facias did not aver that Miller was alive.
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ERROR to the Franklin Circuit Court. — Scire facias on a mortgage, issued by an assigned. The defendant craved oyer of the mortgage and assignments. The mortgage was to Miller, his .executors, administrators, and assigns, (without mentioning the word heirs;) and the scire facias did not aver that Miller was alive. The. assignments on the mortgage were as follows: “For value received, I hereby assign my right and title to the within mortgage, and guaranty the same to Jonathan Bassett. 11 July, 1818. John Miller.” “For value received, I assign the within to William H. Eads. July, 11, 1818..…
1Opinion of the CourtScott, J.
That the interest conveyed by the mortgage is only a life estate, there is no doubt. The mortgage contains no words of inheritance; nothing which shows that the grantor intended such a perpetuity of interest as is essential to an estate in fee.. 2 Bl. Com. 107 (1). Our statute has not altered the common law in this particular. It does not prescribe what form of words shall create ah' estate in fee-simple; but only provides that, where such estate-is conveyed, the words grant, *138bargain, and sell, shall amount to a covenant of seisin,' and quiet enjoyment. Stat. 1817, p. 205 (2). The second…
Also in this document: Per curiam.
2Cases cited4 opinions
- Kirk v. SmithSupreme Court of the United States · 1829
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Lessee of Gratz v. EwaltSupreme Court of Pennsylvania · 1809
- Barnes v. LeeCourt of Appeals of Kentucky · 1809
3Cited by14 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Birkel v. ChandlerWashington Supreme Court · 1901
- Slaughter v. FoustIndiana Supreme Court · 1837
- Stanley v. BeattyIndiana Supreme Court · 1853
- Ronald v. Pacific Traction Co.Washington Supreme Court · 1911
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