Redding v. Lamb
Michigan Supreme Court
Error to Berrien. (O’Hara, J.) Asmmpsit. Defendant brings error. The facts are stated in the opinion. 1. The grant is joint, as are the covenants, and the entire premises are described in the deed. The word “we” is used to make a joint covenant of warranty. There can be no mistake that the intention was to have it apply to the entire premises, and that each signer should be in like manner bound.
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Error to Berrien. (O’Hara, J.) Asmmpsit. Defendant brings error. The facts are stated in the opinion. 1. The grant is joint, as are the covenants, and the entire premises are described in the deed. The word “we” is used to make a joint covenant of warranty. There can be no mistake that the intention was to have it apply to the entire premises, and that each signer should be in like manner bound. Any other construction would take from the covenant its natural meaning. 2. The plaintiff affirmed the deed, with full knowledge of all material facts, by advising the defendant to take possession…
1Opinion of the CourtLong, J.
This is an action of assumpsit, and was tried before.the court without a jury. The actiou was upon a promissory note. Defendant pleaded the general issue, and gave notice of certain matters of recoupment, which are sufficiently set out in the findings of the court below, which are substantially as follows:
“1. Benjamin Wilson, who died intestate, was seised in fee, at the time of his decease, of 40 acres of land in Berrien county, Mich., being the N. E. ¼ of S. W. ¼ of sec. 13, town 8 S., R. 19 W.
“ 2. On March 13, 1885, Emma C. Pierce and Eva V. Jakeways, *321being the only heirs of decedent,…
2Cases cited1 opinion
- Clark v. CraneMichigan Supreme Court · 1858
3Cited by6 opinions
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- Mercer County State Bank v. HayesNorth Dakota Supreme Court · 1916
- Sylvan Glens Homeowners Ass'n v. McFaddenMichigan Court of Appeals · 1981
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