Merrill v. Hartwell
Michigan Supreme Court
Case made after judgment from Wayne Circuit, where-Merrill brought action against Hartwell on a guaranty in a hill of sale of land warrants in the following words:- “ Guaranteed in all respects.” Merrill located the warrant in question in 1854, hut had received no patent when, in 1862, he was notified by the Register and Receiver of the-land Office that the warrant was cancelled by the Commissioner of Pensions, and the entry therefore suspended.
Read the full summary
Case made after judgment from Wayne Circuit, where-Merrill brought action against Hartwell on a guaranty in a hill of sale of land warrants in the following words:- “ Guaranteed in all respects.” Merrill located the warrant in question in 1854, hut had received no patent when, in 1862, he was notified by the Register and Receiver of the-land Office that the warrant was cancelled by the Commissioner of Pensions, and the entry therefore suspended. The cancelment was on the ground that the warrant, which was issued under the act of Congress of September, 1850, was obtained on false and forged…
1Opinion of the Court
Campbell J.:
Defendant is sued as guarantor of a land warrant which he sold with a guaranty “in all respects.” Plaintiff located certain lands with it in 1854, and in 1862 he-was notified that the entry was suspended because the-Commissioner of Pensions had cancelled the warrant. Suit, is now brought on the guaranty, claiming this to be a, breach of it.
The law of 1850, under which the warrant was issued,, prescribes in what way an entry of lands may be made on such a warrant, and provides, that “upon the return of su'ch certificate or warrant, with evidence of the location thereof having been…
2Cases cited6 opinions
- Irvine v. MarshallSupreme Court of the United States · 1858
- Dubuque & Pacific Railroad v. LitchfieldSupreme Court of the United States · 1860
- Glasgow v. HortizSupreme Court of the United States · 1862
- Tate v. CarneySupreme Court of the United States · 1861
- O'Brien v. PerrySupreme Court of the United States · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ives v. ElyMichigan Supreme Court · 1885