Wakefield v. VanTassell
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This is an appeal from a judgment of the circuit court of Peoria county in an action of ejectment for condition broken in a deed.
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Appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This is an appeal from a judgment of the circuit court of Peoria county in an action of ejectment for condition broken in a deed. The facts, briefly, show, that in the year 1893 R. W. VanTassell and wife, of the city of Peoria, in consideration of the sum of §850, conveyed to Adam J. Best, of the town of Princeville, in said county, by warranty deed, four town lots located in said town of Princeville and along and near the Rock Island railroad. The deed contained the following condition: “That no…
1Opinion of the CourtJustice Ricks
Appellants contend that the deed conveying the premises in question to Best operated as an absolute' conveyance in fee, free from all restrictions or limitations whatever as to any future use to which the premises might be put, for the reasons that the condition in the deed was (1) contrary to public policy and against public welfare; (2) that it violates the spirit of the rule of perpetuities; (3) that it is unreasonable; and (4) that it is inoperative by reason of the intervention of the doctrine of equitable estoppel.
The condition as expressed in the deed is plain and unambiguous and needs…
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