Zeigler v. Valley Coal Co.
Michigan Supreme Court
Appeal from Bay; Collins, J. Bill by George Zeigler and Cora Zeigler against the Valley Coal Company, the Michigan Vitrified Brick Company, Bernard Voss, and Christina Voss to establish a-vendor’s lien. From a decree for complainants, defendant Michigan Vitrified Brick Company appeals.
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Appeal from Bay; Collins, J. Bill by George Zeigler and Cora Zeigler against the Valley Coal Company, the Michigan Vitrified Brick Company, Bernard Voss, and Christina Voss to establish a-vendor’s lien. From a decree for complainants, defendant Michigan Vitrified Brick Company appeals. Complainants and the defendants Voss on June 11, 1900, executed a lease and contract to the Valley Coal Company by which they sold and transferred to said company “ all the fire clay and shale (on the lands described), with the right to remove the said shale,” etc., and leased to said company the right to…
1Opinion of the CourtGrant, J.
(after stating the facts). The defendants’ counsel concede that the complainants had a vendor’s lien and are entitled to foreclose it, unless the defendant Brick Company is the bona fide purchaser, or unless the complainants have waived their lien. These are the sole questions presented by the record.
1. There are two complete answers to the defendants’ claim that it is a bona fide purchaser:
(а) None of the conveyances in the chain of title from the Valley Coal Company to the defendant Brick Company contained any covenant of warranty. Covenants cannot be implied in conveying real estate. 3…
2Cases cited11 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Peters v. CartierMichigan Supreme Court · 1890
- Palmer v. HarrisIllinois Supreme Court · 1881
- State Savings Bank v. MontgomeryMichigan Supreme Court · 1901
- Dunton v. OuthouseMichigan Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Flickinger v. . GlassNew York Court of Appeals · 1918
- Donohue v. VosperMichigan Supreme Court · 1915
- De Grasse v. Verona Mining Co.Michigan Supreme Court · 1915
- Brown v. KahnCalifornia Supreme Court · 1917
- Title Bond & Mortgage Co. v. CarpenterMichigan Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.