Phelps v. Kellogg
Illinois Supreme Court
This was an action of ejectment brought by the plaintiffs, who were plaintiffs below, to recover from defendant the possession of lot No. 4, in block No. 51, in Bigelow & Underhill’s addition to Peoria, situate on a part of the north-east fractional quarter of section 9, T. 8 N. 8, E. of the fourth principal meridian. The declaration contained two counts. The first claimed the whole lot; the second the undivided two thirds part of said lot. The defendants plead not guilty.
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This was an action of ejectment brought by the plaintiffs, who were plaintiffs below, to recover from defendant the possession of lot No. 4, in block No. 51, in Bigelow & Underhill’s addition to Peoria, situate on a part of the north-east fractional quarter of section 9, T. 8 N. 8, E. of the fourth principal meridian. The declaration contained two counts. The first claimed the whole lot; the second the undivided two thirds part of said lot. The defendants plead not guilty. The parties agreed to submit the case to the court without the intervention of a jury. The court, after hearing the…
1Opinion of the CourtTreat, C. J.
First. This court held in the case of Frink v. Darst, 14 Ill. 304, that the deed from Bogardus to Underhill only transferred the interest that Bogardus then had in the land; and that it did not operate to pass the title subsequently acquired by him. Being a mere quitclaim deed without covenants, it could not, on the principles of the common law, operate by way of estoppel to conclude Bogardus from asserting the after acquired title. As it did not purport to convey an estate in fee-simple absolute, the title afterwards obtained by Bogardus could not, under the provisions of our statute, inure…
2Cases cited1 opinion
- Frink v. DarstIllinois Supreme Court · 1853
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