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Clapp v. Tower

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.11 N.D. 556, 93 N.W. 862 (1902)

Brief Fact Summary. The executor of Tower’s will conveyed land to Plaintiff. Plaintiff sued to quiet title against Defendants, who are the deceased’s next of kin.

Synopsis of Rule of Law. Equitable conversion is defined as a constructive alteration in the nature of property by which, in equity, real estate is regarded as personalty or personal estate as realty. 7 Amer. & Eng.Enc. of Law (2d Ed.) 464.


Facts. The land was sold under an executory contract to Hadley by Tower. Subsequent to this contract, Tower died. The executor foreclosed on the contract due to Hadley’s default. The executor, acting on the principle that equitable conversion applied to convert the land to personal property for purposes of administration, sold and conveyed the land to Plaintiff, who took both the deed and possession. The trial court found for Plaintiff and Defendants appealed.

Issue. Should the land have been treated as real estate or personal property under the will probate?

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