Legal Opinion

Christy v. Farlin

Michigan Supreme Court

Decided October 18, 1882PublishedCited by 14 opinions

Error to Saginaw. Assumpsit. Defendant brings error.

1Opinion of the CourtCampbell, J.

Plaintiffs sued defendant for breach of a covenant of seizin in a deed of lands in Saginaw county, made by defendant to them on the 7th day of August, 1872. The suit was commenced August 9th, 1880. The action brought was assumpsit, witl^ a special count and the common counts. Defendant among other defenses set up the statute of limitations as a bar, but it was disallowed on the ground that actions on covenants are not barred in less than ten years.

This was error. The statute does not fix the bar by the cause of action, but by the form of action. By section 7148 of the Compiled Laws, among the…

2Cases cited2 opinions

  1. Goodrich v. LelandMichigan Supreme Court · 1869
  2. Sigler v. PlattMichigan Supreme Court · 1867

3Cited by14 opinions

  1. Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
  2. Wall v. ZyndaMichigan Supreme Court · 1938
  3. Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
  4. Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1904
  5. Stewart v. SpragueMichigan Supreme Court · 1888

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