White v. Gibson
Michigan Supreme Court
Error to Saginaw; Gage (Chauncey H.), J. Covenant by Eugene White and Nellie E. White against Henry K. Gibson and Millie Gibson for breach of covenant in a deed. There was judgment for defendants on a verdict directed by the court, and plaintiffs bring error.
Read the full summary
Error to Saginaw; Gage (Chauncey H.), J. Covenant by Eugene White and Nellie E. White against Henry K. Gibson and Millie Gibson for breach of covenant in a deed. There was judgment for defendants on a verdict directed by the court, and plaintiffs bring error. Plaintiffs, in the trial of an action to recover for breach of the covenant against incumbrances, put in evidence an executory contract for the purchase and sale of certain premises made by the parties April 16, 1900, a warranty deed of the said premises made by defendants to plaintiffs, dated April 23, 1903, containing an unqualified…
1Opinion of the CourtOstrander, J.
{after stating the facts). It has been held, in this State, as between vendor and vendee, that taxes, unpaid when title passes, which have by the tax law become a lien upon the land; are incumbrances. Harrington v. Hilliard, 27 Mich. 271; Eaton v. Chesebrough, 82 Mich. 214; Lindsay v. Eastwood, 72 Mich. 336. See, also, 8 Am. & Eng. Enc. Law (2d Ed.), p. 126 et seq.; Kawle on Covenants for Title, § 77. Whether, after the tax lien has been foreclosed, and to the point where owners of land may obtain a reconveyance by payment of the tax and a penalty, the demand may be called an incumbrance…
2Cases cited8 opinions
- Harrington v. HilliardMichigan Supreme Court · 1873
- Coburn v. LitchfieldMassachusetts Supreme Judicial Court · 1882
- Cummings v. HoltSupreme Court of Vermont · 1883
- Kirkpatrick v. PearceIndiana Supreme Court · 1886
- Tibbetts v. LeesonMassachusetts Supreme Judicial Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Williams v. KniskernMichigan Supreme Court · 1913
- Winder v. Southwestern Co.New Mexico Supreme Court · 1930
- Rochford v. MurphyMichigan Supreme Court · 1940