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122 Mich. 636

Caple v. Switzer

Michigan Supreme Court

Decided January 23, 1900

Michigan Supreme Court · decided 1900-01-23

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.

Cited by 2 later decisions — most recently September 1941

2 state decisions

Relies on White v. Smith · Gray v. Franks

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-01-23

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Grant, J.

¶1(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.

¶2Judgment affirmed.

The other Justices concurred.
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