McCord v. Massey
Appellate Court of Illinois
Memorandum.—Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. On the first day of September, 1890, appellee and appellants entered into a written agreement, whereby appellee agreed to sell to appellants certain premises situated in the county of Cook and State of Illinois, containing fourteen and sixty-eight hundredths acres, more or less.
Read the full summary
Memorandum.—Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. On the first day of September, 1890, appellee and appellants entered into a written agreement, whereby appellee agreed to sell to appellants certain premises situated in the county of Cook and State of Illinois, containing fourteen and sixty-eight hundredths acres, more or less. Appellants agreed to pay for said premises $17,000, and appellee agreed to convey the same to appellants, or their assigns, by…
1Opinion of the CourtJustice Waterman
The principal question presented in this case is whether an inchoate right of dower is such an incumbrance upon or defect in the title of premises, that a party covenanting to convey good title by a good and sufficient warranty deed, is bound to remove the same or pay such damage as the covenantee has suffered by reason of such right of dower.
In Scribner on Dower, Vol. 2, p. 4, it is stated that “ Where a party has contracted to convey lands with cove-, nants of general warranty, or against incumbrances, an existing right of dower, although inchoate, will constitute a good defense to a…
2Cases cited22 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Brandt v. FosterSupreme Court of Iowa · 1857
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Hatcher v. AndrewsCourt of Appeals of Kentucky · 1869
- Parks v. BrooksSupreme Court of Alabama · 1849
17 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Longshore v. LongshoreIllinois Supreme Court · 1902
- Firpach v. NovakAppellate Court of Illinois · 1914
- Illinois National Bank v. United StatesDistrict Court, S.D. Illinois · 1959