Morgan v. Smith
Illinois Supreme Court
Bill in chancery, to enjoin a suit at law, to compel a specific performance, &c., filed in the Scott county Circuit Court, by the appellant against the appellees, and heard before Woodson, Judge.
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Bill in chancery, to enjoin a suit at law, to compel a specific performance, &c., filed in the Scott county Circuit Court, by the appellant against the appellees, and heard before Woodson, Judge. The bill stated, in substance, that complainant, about the 6th of November, 1845, purchased of William Smith the following lands, to wit: the north-east quarter of the north-east quarter of section number'twenty-nine, township fourteen north, range twelve west, containing thirty-nine acres; and, also, a part of the north-west quarter of the north-east quarter of the same section, containing…
1Opinion of the Court
Opinion by Mr. Justice Trumbull:
That the deed from Smith to Montgomery and others, created an incumbrance upon the land which he had contracted to convey to the complainant, and put it out of his power to comply with his obligation, there can be no question. By his bond, Smith had obligated himself to execute and deliver to the complainant, “ a good and sufficient general warranty deed,” for the premises in question; that is, he covenanted to convey a perfect title, free of all incumbrances, (Brown vs. Cannon, 5 Gil., 174,) and yet previous to the execution of the bond to complainant, he had…
2Cited by37 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Newberry v. BlatchfordIllinois Supreme Court · 1882
- Walter Robert Stewart and Margaret Kester Stewart v. Joseph L. Meyers and Helen Margaret MeyersCourt of Appeals for the Seventh Circuit · 1965
- Dorn v. GeuderIllinois Supreme Court · 1898
- Bear v. FletcherIllinois Supreme Court · 1911
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