Firebaugh v. Divan
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Champaign county; the Hon. Solon Philbrick, Judge, presiding. This is an action of assumpsit, begun in the circuit court of Champaign county by the appellant, against the appellee.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Champaign county; the Hon. Solon Philbrick, Judge, presiding. This is an action of assumpsit, begun in the circuit court of Champaign county by the appellant, against the appellee. The declaration contained one count, and alleged that on the 21st day of October, 1902, the plaintiff sold and delivered to the defendant a certain piece of real estate, and conveyed the same to him by warranty deed containing general covenants of warranty; that at the time of said sale the plaintiff had…
1Opinion of the CourtChief Justice Hand
The law in this State is well settled that, as between vendor and vendee, growing crops produced by annual planting and cultivation are real estate, and pass to the vendee unless they are reserved in the deed or by other writing executed simultaneously with the deed. This is conceded by the appellant to be the general rule, but it is contended where the crops are fully matured at the time of the execution of the deed and are ready to be severed from the soil they do not pass to the vendee, but that the title thereto remains in the vendor, and he may afterwards enter upon the land and remove…
2Cases cited2 opinions
- Tripp v. HasceigMichigan Supreme Court · 1870
- Powell v. RichIllinois Supreme Court · 1866
3Cited by8 opinions
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Cooper v. KennedyNebraska Supreme Court · 1910
- Wood v. WoodSupreme Court of Colorado · 1947
- Pool v. RutherfordAppellate Court of Illinois · 1949
- Tyrrell Gravel Co. v. CarradusAppellate Court of Illinois · 1993
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