Sanitary District v. Martin
Illinois Supreme Court
Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TurEy, Judge, presiding.
Read the full summary
Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TurEy, Judge, presiding. At the June term, 1902, of the circuit court of Cook county appellee Jane S. Martin filed her bill against appellant, the Sanitary District of Chicago, in which she alleged that prior to October 8, 1891, she was the owner of lots 3 and 4 of a subdivision of the south-east fractional quarter of section 11, township 38, north, range 12, east of the third principal meridian, in Cook county, Illinois; that on the date aforesaid…
1Opinion of the CourtJustice Wilkin
It is first insisted by appellant as a ground of reversal that the language of the deed does not constitute a covenant, for the reason that it is signed by but one of the parties,— in other words, that a covenant cannot be created by a deed poll executed by the grantor alone. There seems to be a conflict in the authorities on this proposition. In the American and English Encyclopedia of Law (vol. 8, p. 64,) it is held, as a general rule, that a promise, in order to be binding as a covenant, must be under' the seal of the party by whom it is to be performed. But in New York and New Jersey a…
2Cases cited2 opinions
- Bowen v. . BeckNew York Court of Appeals · 1883
- Cushman v. BonfieldIllinois Supreme Court · 1891
3Cited by5 opinions
- Com'rs of Hwys. of Towns of Annawan v. United StatesDistrict Court, N.D. Illinois · 1979
- Druecker v. McLaughlinIllinois Supreme Court · 1908
- C-B Realty & Trading Corp. v. Chicago & North Western Railway Co.Appellate Court of Illinois · 1990
- Dobler v. SmithSupreme Court of Oklahoma · 1930
- Clarke v. AikenCourt of Appeals for the Fifth Circuit · 1921