Henningsen v. Stromberg

MR. JUSTICE EREEBOURN:

I disagree with the majority opinion because I believe the judgment of the lower court should be affirmed in toto.

The deed in question is plainly, upon its face, a quitclaim deed, and as such passes no after-acquired title. The intention of the parties that it be a quitclaim deed is clearly evidenced in the deed, where the parties of the first part “remise, release, and forever quitclaim unto the said party of the second part, and to its successors and assigns forever, all the following described property* * *.”

There is no sound reason why this deed should be construed…