Dalton v. Taliaferro
Appellate Court of Illinois
Assumpsit.— Error to the Circuit Court of Warren County; the Hon. John J. Glenn, Judge, presiding. Heard in this court at the October term, 1901.
1Opinion of the Court
Mr. Presiding Justice Dibell
delivered the opinion of the court.
On October 28, 1897, S. W. Taliaferro conveyed certain lands in Iowa to Belle T. Dalton. The deed contained the words “ convey and warrant,” and also these words: “ Subject to a mortgage of $4,600, which she assumes.” Section 9 of chapter 30 of the Revised Statutes of Illinois, provides that the words “ convey and warrant ” in a deed for the conveyance of land shall be deemed and held a covenant by the grantor, among other things, that the premises “ were then free from all incumbrances.” The proofs do not show there is any…
2Cases cited10 opinions
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Harrison v. WeatherbyIllinois Supreme Court · 1899
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
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- Bethell v. BethellIndiana Supreme Court · 1876
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3Cited by9 opinions
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- Allen v. Estate of AllenAppellate Court of Illinois · 1920
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- Atwood v. Chicago, Milwaukee & St. Paul Railway Co.Appellate Court of Illinois · 1923
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