Druecker v. McLaughlin
Illinois Supreme Court
Appeal .from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge, presiding. This is a bill in chancery filed in the circuit court of Cook county by George D. McLaughlin, against Frederick McLaughlin, for partition of certain lands situated in Cook county, Illinois.
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Appeal .from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge, presiding. This is a bill in chancery filed in the circuit court of Cook county by George D. McLaughlin, against Frederick McLaughlin, for partition of certain lands situated in Cook county, Illinois. William J. Druecker and Agnes M. Wit-zel, children and only heirs of John Druecker, deceased, were made parties defendant, and as to them the bill sought to remove whatever claim they might have under and by virtue of a certain deed made by their father to George D. McLaughlin, as a cloud upon the title of…
1Opinion of the CourtJustice Vickers
We have been saved much labor by the able and exhaustive briefs of counsel. They have each accurately located the pivotal question involved and concentrated their argument upon it.
Chancellor Kent says: “If it be doubtful whether a clause in a deed be a covenant or a condition the courts will incline against the latter construction, for a covenant is far preferable to the tenant.” (4 Kent’s Com. p. 132.) This rule is recognized in our State. (Gallaher v. Herbert, 117 Ill. 160.) The intention of the party to the instrument, when clearly ascertained, is of controlling efficacy, though conditions…
2Cases cited4 opinions
- Post v. . WeilNew York Court of Appeals · 1889
- Koch v. StreuterIllinois Supreme Court · 1908
- Gallaher v. HerbertIllinois Supreme Court · 1886
- Sanitary District v. MartinIllinois Supreme Court · 1907
3Cited by13 opinions
- Economy Fuse & Mfg. Co. v. Raymond Concrete Pile Co.Court of Appeals for the Seventh Circuit · 1940
- Geithman v. EichlerIllinois Supreme Court · 1914
- Newton v. Village of Glen EllynIllinois Supreme Court · 1940
- Rooks Creek Evangelical Lutheran Church v. First Lutheran ChurchIllinois Supreme Court · 1919
- Dunne v. MinsorIllinois Supreme Court · 1924
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