Caple v. Switzer
Michigan Supreme Court
Error to Gratiot; Daboll, J. Ejectment by John S. Caple and Andrew J. Hall against John S. Switzer and Elizabeth Switzer. From a judgment for plaintiffs, defendants bring error. One Patrick Egan died intestate, seised of the N. of the N. E. ^ of section 12, town 12 N., of range 4 W., in Gratiot county, leaving a widow and seven children.
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Error to Gratiot; Daboll, J. Ejectment by John S. Caple and Andrew J. Hall against John S. Switzer and Elizabeth Switzer. From a judgment for plaintiffs, defendants bring error. One Patrick Egan died intestate, seised of the N. of the N. E. ^ of section 12, town 12 N., of range 4 W., in Gratiot county, leaving a widow and seven children. Due proceedings were had by which the estate was partitioned; a small piece, the subject of this suit, being assigned to the widow as her dower estate. Subsequently the defendants acquired the interests of all the heirs, except one. The deeds conveying these…
1Opinion of the CourtGrant, J.
(after stating the facts). Whether the expression in the deeds, “less all that part assigned by the probate court of Gratiot county, Michigan, to Bridget Egan, widow of Patrick Egan, as her dower interest in and to said premises,” excepts the fee of the land, or only the widow’s life estate, may be doubtful. Four months after 'defendants obtained their title, they executed the mortgage, by which they mortgaged the entire land, ‘ ‘ except the life estate of the widow. ” This might fairly be construed as a construction by the defendants of the language of the deeds. But, whether this be so, the…
2Cases cited2 opinions
- White v. SmithMichigan Supreme Court · 1877
- Gray v. FranksMichigan Supreme Court · 1891
3Cited by2 opinions
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