Legal Opinion

Dubay v. Kelly

Michigan Supreme Court

Decided July 27, 1904No. Docket No. 118PublishedCited by 4 opinions

Error to Wayne; Donovan, J. Assumpsit by John Dubay against George H. Kelly for breach of covenant of seisin in a deed. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMoore, C. J.

Plaintiff sued to recover damages for-breach of covenant of seisin in a warranty deed dated June 25, 1900. The plaintiff recovered a judgment. The; defendant has brought the case here by writ of error.

A reference to the plat on the following page will aid in understanding the questions involved. The Juif estate was the owner of a quantity of real estate in the township of Gratiot. In 1898 and 1899 Mason L. Brown, an engineer and surveyor, was employed to survey, subdivide, and plat it for the heirs. He did so, and made a plat in all respects, like the annexed plat, except it did not have the…

2Cases cited8 opinions

  1. Diehl v. ZangerMichigan Supreme Court · 1878
  2. Page v. WellsMichigan Supreme Court · 1877
  3. Jackson v. ArmstrongMichigan Supreme Court · 1883
  4. Cook v. CurtisMichigan Supreme Court · 1888
  5. Wilson v. HoffmanMichigan Supreme Court · 1888

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
  2. Mickam v. Joseph Louis Palace TrustDistrict Court, E.D. Michigan · 1994
  3. Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
  4. Merchants' Nat. Bank of Clinton v. OteroNew Mexico Supreme Court · 1918

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