Brady v. Spurck
Illinois Supreme Court
The declaration alleges, that Brady conveyed and warranted to Haskell, for consideration of $550, Lots 8, 9, and 10, in Block 3, Eastman’s Addition to Peoria. Haskell, for $300, conveyed Lot 8 to Spurck; and for $500, Lots 9 and 10 to Grow; and Grow, for $25, same to Spurck. Averments of breach of covenant, and eviction by paramount title.
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The declaration alleges, that Brady conveyed and warranted to Haskell, for consideration of $550, Lots 8, 9, and 10, in Block 3, Eastman’s Addition to Peoria. Haskell, for $300, conveyed Lot 8 to Spurck; and for $500, Lots 9 and 10 to Grow; and Grow, for $25, same to Spurck. Averments of breach of covenant, and eviction by paramount title. Further averments of mortgage from Brady to Eastman on said premises, and foreclosure for $287.42. Sale by master, and purchase by Eastman for $91.91^ for each lot. A general and special demurrer to declaration was filed by defendant. Special causes of…
1Opinion of the CourtBreese, J.
This was an action of covenant. The declaration contains one count only, and upon the following covenants, contained in a deed from the defendant to William H. Haskell, the plaintiff claiming as the last covenantor through deeds of conveyance of the premises, from Haskell: “ And the said William Brady covenants to and with the said William H. Haskell, his heirs and assigns, that he, the said William Brady, was then the true and lawful owner of the premises hereby granted, and had good right, full power and lawful authority to sell and convey thé same in fee simple, and that he, the said…
2Cases cited1 opinion
- Furness v. WilliamsIllinois Supreme Court · 1849
3Cited by21 opinions
- Morris v. GoldthorpIllinois Supreme Court · 1945
- Uihlein v. . MatthewsNew York Court of Appeals · 1902
- Rowe v. BeckettIndiana Supreme Court · 1868
- McGary v. HastingsCalifornia Supreme Court · 1870
- Natural Products Co. v. Dolese & Shepard Co.Illinois Supreme Court · 1923
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