Smith v. McConnell
Illinois Supreme Court
The facts of this case, as they appear from the pleadings and proofs, are ad follows : In September, 1837, Jesse McKee conveyed for $450, to McConnell, Vansyckel and Ormsbee, a piece of ground in Naples, covenanting that he was seized of an indefeasible estate in fee simple, that he had good right to sell, that it was unencumbered, and to warrant and defend the title. In July, 1839, Ormsbee conveyed his interest in the property to McConnell and Vansyckel.
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The facts of this case, as they appear from the pleadings and proofs, are ad follows : In September, 1837, Jesse McKee conveyed for $450, to McConnell, Vansyckel and Ormsbee, a piece of ground in Naples, covenanting that he was seized of an indefeasible estate in fee simple, that he had good right to sell, that it was unencumbered, and to warrant and defend the title. In July, 1839, Ormsbee conveyed his interest in the property to McConnell and Vansyckel. In December, 1837, Jesse McKee for $5,000 conveyed with general warranty, certain Naples property to Delahay and died testate in December,…
1Opinion of the CourtScates, C. J.
The decree should be affirmed. The court have, in Alton Marine and Fire Insurance Co. v. Buckmaster et al., 13 Ill. R. 205, sanctioned the doctrine laid down in the Trustees of Louisville v. Gray, 1 Litt. R. 147; and Harris v. Smith, &c., 2 Dana R. 10, that “the holder of a legal title not in actual possession, cannot, as a general rule, maintain a bill to quiet his title, and to compel a relinquishment of adverse claims.” Niven v. Belknap, 2 John. R. 573. “ The reason why the party out of possession cannot maintain such a bill, is, that he may bring an action at law to test his title, which,…
2Cited by28 opinions
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