Capen v. Stevens

This was an action of assumpsit, which by statute (Comp. L., § 619J¿), is authorized iu lieu of coyenant, brought in tbe circuit court for the county of Kent, upon a • deed executed by tbe defendant to tbe plaintiffs, June 25th, 1873, purporting to convey “lots number one (1), two (2), three *497(3), four (4), five (5), six (6) and seven (7) of Stevens and Pierce’s subdivision of lots six, seven, eight, nine, ten and eleven of Barclay’s addition to the city of Grand Rapids, Michigan,” and containing covenants of seizin, against incumbrances, and of warranty.

The declaration contains two counts;…