Moore v. Vail
Illinois Supreme Court
The actions in this case are precisely similar in pleadings and proofs, both being in covenant on a deed, by which the parties covenanted, “ that they, their heirs, executors and administrators will warrant and defend the title to the said premises (conveyed) to the vendee, his heirs and assigns forever, against the claim of all and any person or persons whatsoever.”
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The actions in this case are precisely similar in pleadings and proofs, both being in covenant on a deed, by which the parties covenanted, “ that they, their heirs, executors and administrators will warrant and defend the title to the said premises (conveyed) to the vendee, his heirs and assigns forever, against the claim of all and any person or persons whatsoever.” The cases were submitted to Woodson, Judge, of the Morgan Circuit Court, without the intervention of jury; and a judgment was rendered against Moore for a breach of the covenant. The issue was found in favor of Munn, the other…
1Opinion of the Court
Catón, J.
With the view we take of the facts in this case, it is unnecessary to enter upon an examination of the questions which were argued, upon the supposition that the premises in question are situated on the east half of south-east quarter of Section 12; for, we find from the record that they were situated on the east half of the north-east quarter of Section 13. Taking the parol evidence as contained in the record, in connection with the recorded plat, and it is very uncertain on which quarter Collins’ addition to the town of Naples was situated; although from this alone, considering the…
2Cited by19 opinions
- Noonan v. LeeSupreme Court of the United States · 1863
- Biwer v. MartinIllinois Supreme Court · 1920
- Brown v. LoberIllinois Supreme Court · 1979
- Green v. IrvingMississippi Supreme Court · 1877
- McConaughey & Co. v. Bennett's ExecutorsWest Virginia Supreme Court · 1901
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