Andrus v. Coleman
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, J udge, presiding. This was a bill, filed by Andrus, against Martha J. Coleman, to enforce a vendor’s lien. The cause was heard upon bill, answer, replication and proof, resulting in a dismissal of the bill, and complainant appealed.
1Opinion of the CourtJustice Scholeield
The question is, whether appellant waived his right of lien as vendor when he conveyed the land to the appellee, Martha J. Coleman, having taken her husband’s warranty deed for certain lands in Kansas in part payment, and his individual note to secure the payment of the residue of the purchase money.
We consider that appellant, having conveyed to appellee, is estopped from questioning her title. He did this knowingly and voluntarily, and it is too late now to say that the title, in fact, belonged to the husband, with whom he contracted. This is ample recognition of his knowledge of the husband…
2Cases cited2 opinions
- Willard v. ReasWisconsin Supreme Court · 1870
- Boynton v. ChamplinIllinois Supreme Court · 1866
3Cited by4 opinions
- Roberts v. Wilcoxson & RoseSupreme Court of Arkansas · 1880
- Beal v. HarringtonIllinois Supreme Court · 1886
- Shrimsher v. NewtonCourt Of Appeals Of Indian Territory · 1901
- Bray v. BookerNorth Dakota Supreme Court · 1899