Lehndorf v. Cope
Illinois Supreme Court
Writ of Error to the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. James W. Humphrey, being the owner of the lands in controversy, bargained with Maria Anna Lehndorf for the sale thereof, for $5100, and, joined by his wife, on the 3d day of August, 1883, by statutory form of warranty deed, in considoration of that sum, did “convey and warrant to Maria Anna Lehndorf, and her heirs by her present husband, Henry Lehndorf,” said lands.
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Writ of Error to the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. James W. Humphrey, being the owner of the lands in controversy, bargained with Maria Anna Lehndorf for the sale thereof, for $5100, and, joined by his wife, on the 3d day of August, 1883, by statutory form of warranty deed, in considoration of that sum, did “convey and warrant to Maria Anna Lehndorf, and her heirs by her present husband, Henry Lehndorf,” said lands. Two thousand dollars of the purchase money was paid in hand, and two notes of Maria Anna Lehndorf were given, for $1550 each, payable,…
1Opinion of the CourtJustice Shope
It is contended by defendant in error, that by the deed of August 3, 1883, from Humphrey and wife to “Maria Anna Lehndorf and her heirs by her present husband, Henry Lehndorf,” Mrs. Lehndorf took a fee simple estate in the lands conveyed, while plaintiffs in error contend that she thereby took a life estate only, with remainder in fee to her children by said Henry Lehndorf.
The deed being statutory in form, contains no habendwm limiting or defining the estate taken by Mrs. Lehndorf, and although the deed must be held equivalent to one containing full covenants, (Elder v. Derby, 98 Ill. 228,)…
2Cases cited5 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Lippett v. KelleySupreme Court of Vermont · 1874
- Elder v. DerbyIllinois Supreme Court · 1881
- Keith v. HornerIllinois Supreme Court · 1863
3Cited by40 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Mittel v. KarlIllinois Supreme Court · 1890
- Alabama-Florida Co. v. MaysSupreme Court of Florida · 1933
- Tallman v. Eastern Illinois & Peoria RailroadIllinois Supreme Court · 1942
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