Kane v. Roath

The plaintiffs, Emma B. Kane and Lizzie M. Wright, sued to establish their title and right of possession to undivided interests in forty acres of land in Livingston County. The plaintiffs are the sole heirs of Atilla Gudgell, deceased, by her husband, Robert E. Gudgell, and the case turns upon the construction given to a deed, made on December 27, 1867, by Spencer H. Gregory and Elizabeth, his wife, conveying this and other land to said "Atilla Gudgell and her lawful heirs by Robert E. Gudgell, her husband."

The cause was submitted upon an agreed statement of facts.

It is conceded that the…