Legal Opinion

Nattinger v. Ware

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 4 opinions

Writ of Ebbob to the Circuit Court of La Salle county; Hon. Madisoit E. Hollistee, Judge, presiding. This was an action of covenant, instituted by the plaintiff in error, in the court below, against the defendant in error, for an alleged breach of warranty in the title to certain premises.

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Writ of Ebbob to the Circuit Court of La Salle county; Hon. Madisoit E. Hollistee, Judge, presiding. This was an action of covenant, instituted by the plaintiff in error, in the court below, against the defendant in error, for an alleged breach of warranty in the title to certain premises. The facts in the case are substantially as follows: On the 29th day of October, 1856, the defendant and wife conveyed to plaintiff, by a warranty deed, for a consideration of $3,000, a part of lot four, block eighteen, original town of Ottawa, commencing at the south-west corner, thence north 75 feet, east…

1Opinion of the CourtJustice Lawrence

This record presents the single question, whether a deed, properly executed and acknowledged, and filed for record on the 31st day of October, 1837, but recorded with a misdescription of the premises, will protect the grantee against subsequent purchasers and incumbrancers. It is insisted by the plaintiff in error, that, although a deed, under the law of 1833, took effect as notice to subsequent purchasers from the time of filing it for record, yet, under the act of July 31, 1837, the rule was so changed as to make the deed notice only from the date of its actual record, and that this new…

2Cases cited1 opinion

  1. Merrick v. WallaceIllinois Supreme Court · 1858

3Cited by4 opinions

  1. Ellman v. IanniAppellate Court of Illinois · 1959
  2. Smith v. JonesSupreme Court of Kansas · 1887
  3. Booth v. TiernanSupreme Court of the United States · 1883
  4. Crescent Coal & Mining Co. v. RaymondAppellate Court of Illinois · 1894

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