113 Mich. 338 | Mich. | 1897
This is an action upon a covenant of warranty, in a deed executed by the defendant and his wife to the ■plaintiff. The covenant is that “he is well seised of the above-granted premises in fee simple; that ■they are free from all incumbrances whatever; and that Re will, and his heirs, executors, and administrators shall, warrant and defend the same against all lawful claims whatsoever.” It appears that the plaintiff paid for the land the sum of $327.49. January 12, 1895, Francis W. •Cook commenced an action of ejectment against the plaintiff and his wife to recover possession of the property in question, and on September 27th thereafter recovered judgment of ouster, with costs of suit. Soon after the suit was commenced, notice was served upon the defendant of that fact, and that he should come in and defend. This notice was served in time so that the defendant could have appeared in the case if he had so desired, but he refused to take charge of it. On the trial of the present
The judgment must be affirmed.