Smith v. Smith

This is an action of ejectment, brought by-plaintiff, as executor of the last will and testament of Joseph Smith, deceased, to recover possession of about 300 acres of land in the township of Calvin, Cass county, said to be worth about $9,000. There is no dispute as to the facts, and the whole question turns upon the construction of the following deed:

“This indenture, made this second day of February, in the year of our Lord one thousand eight hundred and eighty, between Joseph Smith and Jemima Smith, his-wife, both of Oassopolis, Michigan, of the first part, and Thomas J. Smith of the second…