Stevenson v. Loehr
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action brought by Anna B. Loehr against Adlai E. Stevenson and others, upon a promissory note executed by the defendants to the plaintiff. Upon trial by the court, a jury being waived, judgment was rendered in favor of the plaintiff for the amount of the note. The defendants appeal.
1Opinion of the CourtChief Justice Lawrence
We are of opinion, where a person, having a perfect title to a tract of land, sells it, giving a contract for a deed of general warranty to be made on final payment, and between the sale and the making of the deed a portion of the premises is condemned, under the right of eminent domain, for a railway track, the incumbrance would not be one for which damages could be recovered in an action on the covenants in the deed. Although the legal title does not pass from the vendor by the contract of sale, he holds it from that .time merely as security for the payment of the purchase money. The…
2Cited by20 opinions
- Mesich v. Board of County Com'rs of McKinley Co.New Mexico Supreme Court · 1942
- Piff v. BerresheimIllinois Supreme Court · 1950
- State v. Bradshaw Land & Livestock Co.Montana Supreme Court · 1935
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Clarke v. Long Island Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
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