Caple v. Switzer

Michigan Supreme Court

Caple v. Switzer

81 N.W. 560, 122 Mich. 636, 1900 Mich. LEXIS 625

CourtMichigan Supreme Court

DecidedJanuary 23, 1900

StatusPublished

Cited by2 cases

This text of 81 N.W. 560 (Caple v. Switzer) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caple v. Switzer, 81 N.W. 560, 122 Mich. 636, 1900 Mich. LEXIS 625 (Mich. 1900).

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Opinion

Grant, 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 mortgage clearly covered the land, subject to the life estate. The title thereto subsequently acquired by the defendants inured to the benefit of the mortgagee and his grantees, under the covenant of warranty contained in it. White v. Smith, 37 Mich. 291; Gray v. Franks, 86 Mich. 382.

Judgment affirmed.

The other Justices concurred.

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Grant, 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 mortgage clearly covered the land, subject to the life estate. The title thereto subsequently acquired by the defendants inured to the benefit of the mortgagee and his grantees, under the covenant of warranty contained in it. White v. Smith, 37 Mich. 291; Gray v. Franks, 86 Mich. 382.

Judgment affirmed.

The other Justices concurred.

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Bluebook (online)

81 N.W. 560, 122 Mich. 636, 1900 Mich. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caple-v-switzer-mich-1900.

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