Wead v. Larkin
Illinois Supreme Court
Appeal.from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of covenant, brought by Joshua Larkin and others against George F. Harding and Hezekiah M. Wead.
Read the full summary
Appeal.from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of covenant, brought by Joshua Larkin and others against George F. Harding and Hezekiah M. Wead. The declaration alleges the breach of a covenant of warranty contained in a deed of conveyance, executed by the defendants to Curtis Worden and Albert Worden, and that the father of the plaintiffs, by conveyance from those grantees, became the assignee of their title, and of the covenant of warranty, and that the plaintiffs succeeded to the same rights by the death of their father. The form…
1Opinion of the CourtChief Justice Lawrence
This case has been'twice before this court, and will be found reported in 41 Ill. 415, and 49 Ill. 99. The facts are set forth in the opinion in 41 Ill. and it is unnecessary to repeat them hére. After a third verdict and judgment against the defendants in the circuit court, they again bring the record here and submit it upon a question which has not hitherto been raised. It is now for the first time claimed, that the action will not lie, because the defendants, at the time they executed the deed containing the covenant upon which they are now sued, were not in actual possession of the land,…
2Cases cited3 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Fowler v. PolingNew York Supreme Court · 1848
- Wead v. LarkinIllinois Supreme Court · 1868
3Cited by7 opinions
- Tillotson v. PrichardSupreme Court of Vermont · 1887
- Countryman v. DeckNew York Supreme Court · 1883
- Rockafellor v. GraySupreme Court of Iowa · 1922
- Brown v. LoberAppellate Court of Illinois · 1978
- Chandler v. BrownSupreme Court of New Hampshire · 1879
2 more not listed; retrieve them via the Exa API.