Traynor v. Palmer
Illinois Supreme Court
Appeal from the Circuit Court of Cook County; the Hon. Henry Booth, Judge, presiding. This was an action of covenant, brought by Potter Palmer against John Traynor. On a trial below the plaintiff recovered judgment, from which the defendant appealed.
1Opinion of the CourtJustice Scott
This case falls within the principle of Rufner v. McConnel, 14 Ill. 168. The covenant in this as in that case was made by the grantor “for his heirs, executors, and administrators,” and is that the property conveyed is “free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and incumbrances of what kind and nature soever.” This action was brought on the covenant of warranty against incumbrances created by a sale of the property for taxes, which the grantee was compelled to, and did, discharge. It was held in the case cited there could be no recovery…
2Cases cited1 opinion
- Rufner v. McConnelIllinois Supreme Court · 1852
3Cited by5 opinions
- Diederich v. RoseIllinois Supreme Court · 1907
- Harsin v. OmanWashington Supreme Court · 1912
- Bowne v. WolcottNorth Dakota Supreme Court · 1891
- First National Bank v. SandmeyerAppellate Court of Illinois · 1911
- Diederich v. RoseAppellate Court of Illinois · 1907