Wadhams v. Innes
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. W. K. McAllister, Judge, presiding. This was an action of covenant, brought hy Seth Wadhams against Ethel L. Innes and Catherine Innes, to recover damages for an alleged breach of the covenant of seizin, in a deed from them to him.
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Appeal from the Circuit Court of Cook county; the Hon. W. K. McAllister, Judge, presiding. This was an action of covenant, brought hy Seth Wadhams against Ethel L. Innes and Catherine Innes, to recover damages for an alleged breach of the covenant of seizin, in a deed from them to him. The deed in question bore date August 19, 1873, and purported to convey from said Ethel L. Innes to the plaintiff, in fee, the south one-third of section seventeen, township thirty-six north, range fourteen, east of the third principal meridian, in Cook county, Illinois. It appears by the recitals in the deed…
1Opinion of the CourtBailey, P. J.
The only question we are called upon to determine in this case is, whether, under the evidence, the plaintiff is entitled to only nominal damages. That the covenant of seizin was broken, is conclusively established by the verdict, finding the issues for the plaintiff. It may be remarked, however, that such finding was not only in accordance with, but necessarily followed from, the evidence in the case. By their deed, the defendants assumed to convey to the plaintiff the entire south one-third of the section, and they conven ant that they are well seized of the premises so conveyed. There can…
2Cases cited2 opinions
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
- Weber v. AndersonIllinois Supreme Court · 1874
3Cited by2 opinions
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- Koerper v. JungAppellate Court of Illinois · 1889