Bates v. West
Illinois Supreme Court
APPEAR EROM PIKE. This was an action of covenant instituted by the appellee against the appellant in the court below. On the 24th day of March, 1838, Bates conveyed to "West, lot 4, in block 9, in Jones & Purkitt’s addition to Griggsville, for the consideration of one hundred and fifty dollars. The deed contained full covenants. On the 5th day of March, 1856, West was evicted from the premises by title paramount to the title conveyed by Bates.
Read the full summary
APPEAR EROM PIKE. This was an action of covenant instituted by the appellee against the appellant in the court below. On the 24th day of March, 1838, Bates conveyed to "West, lot 4, in block 9, in Jones & Purkitt’s addition to Griggsville, for the consideration of one hundred and fifty dollars. The deed contained full covenants. On the 5th day of March, 1856, West was evicted from the premises by title paramount to the title conveyed by Bates. On the 6th day of March, 1856, this suit was commenced by West against Bates. The breaches assigned, were that Bates had not warranted and defended the…
1Opinion of the Court
Catón, C. J.
The only question which we propose to con sider is, whether the covenant of warranty, which was not broken till after the certificate in bankrupcy, was discharged by that certificate.
Were this a new question, we should have no doubt how it should be decided. That statute declares that all “ uncertain or contingent demands against such bankrupt” shall be discharged by the certificate. No one who understands the broad meaning which the law gives to the word demand, can deny that it embraces all covenants of warranty, but in order to close the door against the argument of the…
2Cited by6 opinions
- Bradford v. RussellIndiana Supreme Court · 1881
- Reitz v. People ex rel. StarkIllinois Supreme Court · 1874
- Davis v. McCurdyWisconsin Supreme Court · 1880
- Choate v. QuinichettTennessee Supreme Court · 1873
- Choate v. QuinichettTennessee Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.