Richard v. Bent
Illinois Supreme Court
Appeal from the Circuit Court of St! Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of covenant, commenced June 18, 1869, by Silas Bent against August Richard, to the October term, 1869, of the St. Clair Circuit Court.
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Appeal from the Circuit Court of St! Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of covenant, commenced June 18, 1869, by Silas Bent against August Richard, to the October term, 1869, of the St. Clair Circuit Court. The declaration alleges that defendant, on the 20th of September, 1867, by his.deed of that date, conveyed to oaie Elisha P. Freeman, of the city of St. Louis, and State of Missouri, a certain tract of land lying in the said city of St. Louis; that in and by said deed defendant covenanted with said Freeman, that said premises were free from all…
1Opinion of the CourtJustice Sheldon
The question made on the present record is, whether this action lies by a remote grantee against a remote grantor, upon the covenant against incumbrances in the deed of the latter, it being in this form: “ that the said lands are free from all incumbrances."
The position taken by the appellant is, that this covenant is in the present tense; that there was a breach of it as soon as the deed was executed by the defendant to Freeman, the covenantee; that a right of action for the breach of the covenant immediately accrued in favor of Freeman; that this right of action was a chose in action, and,…
2Cases cited2 opinions
- Stinson v. SumnerMassachusetts Supreme Judicial Court · 1812
- Martin v. BakerIndiana Supreme Court · 1839
3Cited by12 opinions
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Dalton v. TaliaferroAppellate Court of Illinois · 1902
- Brinton v. JohnsonIdaho Supreme Court · 1922
- Lane v. . RichardsonSupreme Court of North Carolina · 1889
- Eichelberger v. HomerdingAppellate Court of Illinois · 1942
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