Penn v. Schmisseur

This case has been before the court, and is reported as Schmisseur v. Penn, 47 Ill. App. 279. After a full review of the facts and authorities, the court say; “ The easement was an incumbrance, and her right of way appurtenant is not included in the term highway as used in Sec. 10 of the conveyance act, and that incumbrance existing at the time of the delivery of the deed to the defendant by the complainant, the implied covenant existing in that deed by reason of the statute was broken on the delivery of the deed. See Wadham v. Swan, 109 Ill. 46; Christy v. Ogle’s Executors, 33 Ill. 295. And…