Legal Opinion

Fisher v. Deering

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 25 opinions

Appeal from the Superior Court of Cook county; tbe Hon. Joseph E. Gary, Judge, presiding.

1Opinion of the CourtJustice Walker

It appears, from an examination of the authorities, that at the ancient common laiv a lease was not assignable so as to invest the assignee with the legal title to the rent. Such instruments were, in that respect, on a footing with other agreements and dioses in action. But the 32 Hen. 8, chapter 34, section 1, declared that the assignee of the reversion should become invested with the rents. But notwithstanding this enactment, the courts held that the assignee of the reversion could not sue for and recover the rent unless the tenant should attorn, when the holder of the reversion might…

2Cases cited2 opinions

  1. Chapman v. McGrewIllinois Supreme Court · 1858
  2. Dixon v. BuellIllinois Supreme Court · 1859

3Cited by25 opinions

  1. Webster v. NicholsIllinois Supreme Court · 1882
  2. Barnes v. Northern Trust Co.Illinois Supreme Court · 1897
  3. Galt v. CommissionerUnited States Tax Court · 1953
  4. Yarc v. American Hospital Supply Corp.Appellate Court of Illinois · 1974
  5. Mackin v. HavenIllinois Supreme Court · 1900

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