¶1This case is covered by the decision on a previous writ of error between the same parties. See Matteson v. Vaughn, 38 Mich., 373.
¶2The judgment is reversed with costs and a new trial ordered.
39 Mich. 758
Vaughn v. Matteson
Decided November 22, 1878
Michigan Supreme Court · decided 1878-11-22
Assumpsit on covenant of quiet enjoyment in a deed from Yaughn to Matteson, executed June 18, 1853, and purporting to convey certain land in Lapeer county. The declaration averred that defendant, at the delivery of the deed, was not' seized in fee simple of the lands and had no lawful authority to convey them, and that Henry M. Bostwick and Erastus S. Sterling held the paramount title, by virtue of which the plaintiff was afterwards evicted.
Decided 1878-11-22