Hawk v. McCullough
Illinois Supreme Court
This was an action of covenant. The declaration alleges that defendant granted certain real estate to plaintiff, and by Ms deed of conveyance, “ covenanted with the plaintiff, among other things, that the premises conveyed as aforesaid, were free of all incumbrances, done or suffered from him, the said defendant, except the rents and services that were reserved ”—that at the time of executing said deed, the said premises were in the possession of certain tenants of the…
Read the full summary
This was an action of covenant. The declaration alleges that defendant granted certain real estate to plaintiff, and by Ms deed of conveyance, “ covenanted with the plaintiff, among other things, that the premises conveyed as aforesaid, were free of all incumbrances, done or suffered from him, the said defendant, except the rents and services that were reserved ”—that at the time of executing said deed, the said premises were in the possession of certain tenants of the defendant, whose tenancies did not expire till long after the delivery of said deed, and that said tenancies had been created…
1Opinion of the CourtBreese, J.
The general principle is, where there is a conveyance, no covenant shall be added to it which is not expressed or which cannot be implied from the terms used. Our statute (Scates’ Comp. 961,) provides that “ all deeds, whereby any estate of inheritance in fee simple shall hereafter be limited to the grantee and his heirs, or other legal representatives, the words ‘grant,’ ‘bargain,’ csell’ shall" be adjudged an express covenant to the grantee, his heirs and other legal representatives, to wit: That the grantor was seized of an indefeasible estate in fee simple, free from incumbrances done or…
2Cases cited1 opinion
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
3Cited by5 opinions
- Burke v. Chicago & Northwestern R. R. Co.Appellate Court of Illinois · 1903
- Smith v. LloydMichigan Supreme Court · 1874
- Empire Manufacturing Co. v. GinsburgAppellate Court of Illinois · 1929
- Gittings v. HiltonAppellate Court of Illinois · 1979
- Ward v. LuneenAppellate Court of Illinois · 1887