Cameron v. Sexton
Appellate Court of Illinois
Bill to Set Aside a Deed, and other relief. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding.
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Bill to Set Aside a Deed, and other relief. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding. Heal'd in the Branch Appellate Court at the October- term, 1902. This controversy arises upon a bill filed by appellee Eli A. Gage reciting, among other averments, that by an arrangement with one John McSorley, a contractor, he took the legal title to premises in controversy to hold while a large flat building should be erected thereon, he to receive as compensation for his services the sum of $500; that holding said title, various orders were presented to…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of court.
The controlling question involved in this case is the construction of the phraseology employed in a warranty deed made by appellee Gage virtually to appellant, whereby the grantee took the title “ subject, however, to existing mortgages, liens, taxes and claims of any and every description which the party of the second part assumes and agrees to pay.”
There is mo question as to what is meant by “ mortgages, liens, taxes.” The language in controversy is “ claims of any and every description.” It is contended in behalf of appellant that…
2Cases cited4 opinions
- City of Beardstown v. City of VirginiaIllinois Supreme Court · 1875
- Misch v. RussellIllinois Supreme Court · 1891
- Fowler v. BlackIllinois Supreme Court · 1891
- Sidwell v. WheatonIllinois Supreme Court · 1885
3Cited by2 opinions
- Carmichael v. ArmsIndiana Court of Appeals · 1912
- Park Steel Co. v. Staver Carriage Co.Appellate Court of Illinois · 1905