McCord v. Massey
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. On the first day of September, 1890, a written agreement between appellants and appellee was entered into, under the terms of which appellee agreed to sell to appellants certain land, and convey the same to them or their assigns by a good and sufficient warranty deed conveying good title to the same, for the price and consideration of $17,000, a part of which was to be paid cash in hand and a part thereof to be in deferred…
1Opinion of the CourtJustice Phillips
Appellee, by his written agreement, covenanted with appellants that he would convey to them or their assigns, by a good and sufficient warranty deed, a good title to the land in the agreement described. A compliance with that covenant would require appellee to convey to appellants or their assigns a title free from incumbrances. (Thompson v. Shoemaker, 68 Ill. 256; Morgan v. Smith, 11 id. 194; Brown v. Cannon, 5 Gilm. 174; Carpenter v. Bailey, 17 Wend. 244.) A right of dower is an incumbrance, within the terms of that covenant, and it is immaterial whether that right of dower is inchoate or…
2Cases cited10 opinions
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3Cited by13 opinions
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