122 Mich. 657 | Mich. | 1900
Previous to May 29, 1888, Davis, the complainant, owned the N. W. J of the S. W. ^ and the S. E. i of the S. W. of section 36 in township 2 N., range 8 E. He did not then or at any other time own the N. W. {: of that section. On the day mentioned, one Seeley purchased the two 40-acre parcels first mentioned, under
We are satisfied that neither Davis nor Seeley understood that the N. W. ¿ of the section was included in the deed. The description contained therein is susceptible of either meaning contended for by the respective parties, but there cannot be a doubt that both understood that the two 40’s only were the subject of the bargain; and this is
The decree of the circuit court is sufficiently favorable to the defendant, and will be affirmed, with costs.