D'Wolf v. Haydn
Illinois Supreme Court
This is a cause in chancery, upon a bill exhibited by the appellee against Cyrus Adams, the appellants and others, to foreclose a mortgage. This instrument contained the words, “ grant, bargain and sell.”
Read the full summary
This is a cause in chancery, upon a bill exhibited by the appellee against Cyrus Adams, the appellants and others, to foreclose a mortgage. This instrument contained the words, “ grant, bargain and sell.” The bill sets forth an indebtedness to complainant by the defendant Adams, and the execution by Adams to the complainant of a mortgage upon certain real estate, situate in Cook county, to secure such indebtedness, the whole of which, and some interest thereon, is alleged to be still due; mortgage is dated March 12th, 1855. Alleges that there is on record in the recorder’s office of said Cook…
1Opinion of the CourtBrbese, J.
We are satisfied the release and- satisfaction entered of record, of the mortgage dated the 31st October, 1855, is a forgery. The proof is full to this point.
The conveyance by Adams to the complainant contains the words, “ grant, bargain, and sell,” which are adjudged by our statute to be an express covenant to the grantee, that the grantor was seized of an indefeasible estate in fee simple, free from incumbrances done or suffered from the grantor, and also for quiet enjoyment against the grantor, Ms heirs and assigns. (Scates’ Comp. 961.)
The after acquired title of Adams enured, under this…
2Cited by10 opinions
- Luther v. ClaySupreme Court of Georgia · 1897
- Gibbons v. HoagIllinois Supreme Court · 1880
- McGinn v. TobeyMichigan Supreme Court · 1886
- King v. Administratrix of GilsonIllinois Supreme Court · 1863
- Pratt v. PrattIllinois Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.