King v. Administratrix of Gilson
Illinois Supreme Court
Appeal from the Eecorder’s Court of the city of Peru; the Hon. William Chumasebo, Judge, presiding. This was an action of covenant commenced in the court below, by Catharine E. Gilson, administratrix of George W. Gilson, deceased, for the use of Isaac Heilman, against George W. King, to recover damages for an alleged breach of certain covenants of seizin, and of good right to convey, contained in a deed of conveyance of land, from the defendant, King, to the plaintiff’s…
Read the full summary
Appeal from the Eecorder’s Court of the city of Peru; the Hon. William Chumasebo, Judge, presiding. This was an action of covenant commenced in the court below, by Catharine E. Gilson, administratrix of George W. Gilson, deceased, for the use of Isaac Heilman, against George W. King, to recover damages for an alleged breach of certain covenants of seizin, and of good right to convey, contained in a deed of conveyance of land, from the defendant, King, to the plaintiff’s intestate, George W. Gilson. The declaration contains two counts; the first alleging that the defendant, King, on the 22d…
1Opinion of the Court
Hr. Justice Walker
delivered the opinion of the Court:
The first question which we propose to consider is, whether the title acquired by appellant of Easly, by deed of conveyance, dated January the 29th, 1861, inured to Heilman as a subsequent grantee. It is urged, that it did not, for two reasons; first, because the deed from Gilson to Thorne contains no «covenant of general warranty; and secondly, because the deed from Easly to appellant, was delivered after the commencement of this suit. In the case of D’ Wolf v. Haydon, 24 Ill. 525, it was held, that the words, “ grant, bargain, sell,”…
2Cases cited4 opinions
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
- Reese v. SmithSupreme Court of Missouri · 1849
- Brown v. M'CormickSupreme Court of Pennsylvania · 1837
- D'Wolf v. HaydnIllinois Supreme Court · 1860
3Cited by17 opinions
- Baldwin v. RootTexas Supreme Court · 1897
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Wanderer v. Plainfield Carton Corp.Appellate Court of Illinois · 1976
- Gochenour v. MowryIllinois Supreme Court · 1864
- Lloyd v. SanduskyIllinois Supreme Court · 1903
12 more not listed; retrieve them via the Exa API.