Cole v. Steinlauf
Supreme Court of Connecticut
136 A.2d 744 (1957)
Cole (plaintiff) contracted to buy real estate from Steinlauf (defendant), with a clause letting Cole withdraw and be reimbursed if Steinlauf could not provide clear title; a title search revealed the deed to Steinlauf's predecessor conveyed title to Steinlauf "and assigns forever" without including the word "heirs," a defect that, under Connecticut common law, meant the deed conveyed only a life estate rather than fee simple. Cole reneged and sued for his deposit and search fees; the trial court found the deed effectively conveyed fee simple title and ruled against Cole.
Whether, under Connecticut law, a deed for real property conveys marketable title if it does not expressly state that title runs to the grantee and the grantee's heirs.