Hovey v. Smith
Michigan Supreme Court
Case made from St. Clair Circuit. This is an action of covenant brought by Simeon Hovey in the Circuit Court for the County of St. Clair against Earned Smith.
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Case made from St. Clair Circuit. This is an action of covenant brought by Simeon Hovey in the Circuit Court for the County of St. Clair against Earned Smith. The declaration sets forth the making of a deed by the defendant to the plaintiff, and the covenant and breach thereof as follows: “And the said defendant, in said indenture, did covenant, grant, bargain and agree, for themselves and their heirs, to and with the said Simeon Hovey, party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, above mentioned, they were well seized of…
1Opinion of the CourtChristiancy, J.
This was an action of covenant, brought upon the covenant of seizin and good title, contained in a deed of conveyance of land, and comes before us upon a case made. The facts are neither agreed upon by the parties nor found by the court. There was no special finding of facts or law, and no request for any. But certain exceptions were taken upon the admission of evidence, and the questions arising upon these are all the questions we can consider in the case.
There was no error in admitting the deed claimed to contain the. covenant declared upon. The objection was that it was inadmissible under…
2Cited by6 opinions
- Naylor v. MinockMichigan Supreme Court · 1893
- Carley v. FoxMichigan Supreme Court · 1878
- Leet v. GratzMissouri Court of Appeals · 1902
- Pezel v. YerexCalifornia Court of Appeal · 1922
- Webb v. HoltMichigan Supreme Court · 1897
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