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49 Mich. 34

Kuschell v. Campau

Michigan Supreme Court

Decided June 27, 1882

Michigan Supreme Court · decided 1882-06-27

<p>Lease — Chattel mortgage security.</p> <p>A clause in a lease, stipulating toy way of securing the payment of rent, that “all goods, wares and merchandise, household furniture, fixtures or other property which are or shall toe placed in or on said premises by them, shall be liable, and this lease shall constitute a lien or mortgage on said property,” does not cover the dwelling house upon the premises.</p> <p>General terms in a clause describing property encumbered thereby are limited to the class of property specified.</p>

Affirmed · Decided 1882-06-27

Maeston, J.

¶1Plaintiffs brought an action of trespass to recover damages for the taking and removing a part of their ■dwelling-house from off lands owned by them.

¶2The defendant’s claim of right to remove the same was based upon a chattel mortgage clause in a lease of a certain .•other lot upon which this house then stood, to secure payment of the rent.

¶3Giving this so-called mortgage full force and effect, still ¡the defendants had no right to this house thereunder, for .the very good reason that this house was not included ¡therein. The parties agreed that “all goods, wares and merchandise, household furniture, fixtures or other property which are or shall be placed in or on said premises by them, shall, be liable, and this lease shall constitute a lien or mortgage on said property,” etc.

¶4The general terms herein used are restrained and limited ito the particular kinds of property mentioned immediately preceding. This is a well-settled rule of construction, .applicable alike to contracts and statutes, and is decisive of ihe present controversy.

¶5The judgment must be affirmed with costs.

The other Justices concurred.
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