Cass v. Gunnison
Michigan Supreme Court
Error to Mecosta. (Fuller, J.) Replevin. Defendant Gunnison brings error. While parol evidence is admissible to show that a particular article is included within the general words of a description (Oomins v. Newton 10 Allen 518; Harding v. Coburn 12 Met. 333; Willey v. Snyder 34 Mich. 60) a mortgage, to be effectual, must point out the subject matter so that a third person by its aid, with such inquiries as the instrument itself suggests, may identify the property covered;…
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Error to Mecosta. (Fuller, J.) Replevin. Defendant Gunnison brings error. While parol evidence is admissible to show that a particular article is included within the general words of a description (Oomins v. Newton 10 Allen 518; Harding v. Coburn 12 Met. 333; Willey v. Snyder 34 Mich. 60) a mortgage, to be effectual, must point out the subject matter so that a third person by its aid, with such inquiries as the instrument itself suggests, may identify the property covered; and property not described or indicated, is not affected : Winter v. Landphere 42 la. 471; Smith v. McLean 24 la. 322;…
1Opinion of the CourtSherwood, J.
This case was an action of replevin. The writ described the property in litigation. 'The declaration was in the usual form, and no question arises thereon. The plea was the general issue. The action is brought to recover a quantity of lumber. Defendant Hewitt alone defended. Two trials were had at the circuit. On the first the defendant succeeded, a new trial was granted by the circuit judge, and the second trial resulted in favor of the plaintiffs. After the bill of exceptions was settled Mr. Hewitt died intestate. Defendant Gunnison was appointed his administrator, and he removed the case…
2Cases cited1 opinion
- Willey v. SnyderMichigan Supreme Court · 1876
3Cited by9 opinions
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
- Jennings v. SparkmanMissouri Court of Appeals · 1890
- Multiplex Concrete MacHinery Co. v. SaxerMichigan Supreme Court · 1945
- Fuchs v. Common CouncilMichigan Supreme Court · 1911
- Wattles v. CobbNebraska Supreme Court · 1900
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