Rufner v. McConnel
Illinois Supreme Court
This was an action brought in the Scott Circuit Court, by Rufner against the defendants in error, on a plea of covenants broken, averring that the defendants with their wives, at the county of Scott, on the 29th day of August, 1842, executed a deed to one Stark Fielder, reciting it, (the covenant is stated in the opinion of the court,) which deed was. duly acknowledged and recorded, and avers that Fielder and wife, on the 9th of October, 1845, executed a deed of the same…
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This was an action brought in the Scott Circuit Court, by Rufner against the defendants in error, on a plea of covenants broken, averring that the defendants with their wives, at the county of Scott, on the 29th day of August, 1842, executed a deed to one Stark Fielder, reciting it, (the covenant is stated in the opinion of the court,) which deed was. duly acknowledged and recorded, and avers that Fielder and wife, on the 9th of October, 1845, executed a deed of the same land to Rufner, the plaintiff in error, which deed was also acknowledged and recorded ; and that, on the 10th of July,…
1Opinion of the CourtTreat, C. J.
The covenant in question reads thus : “ The said Murray McConnel and Mary, his wife, and Holloway W. Vansyckle and Jane L., his wife, parties of the first part, hereby covenanting, that their heirs, executors, and administrators, will warrant and defend the title to the said premises, and every part thereof to him, the said party of the second part, his heirs and assigns forever, against the lawful claim or claims of all and every person or persons whatsoever, claiming, or to claim, the same, or any part thereof.” The declaration sets forth an eviction under title paramount, and then avers…
2Cited by5 opinions
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- Traynor v. PalmerIllinois Supreme Court · 1877
- Baker v. HuntIllinois Supreme Court · 1866
- Bowne v. WolcottNorth Dakota Supreme Court · 1891
- Diederich v. RoseAppellate Court of Illinois · 1907