Citation22 Ill.79 Ariz. 126, 285 P.2d 168 (1955) Brief Fact Summary. A telephone company brought an action against property owners and a contractor (Kelton) for damage to an underground cable laid across land under a perpetual easement, which had been duly recorded. The property owners were found negligent in failing to take proper precautions. Synopsis of Rule of Law. The court cited the Pennsylvania case of Maul v. Rider, 59 Pa. 167, which held that, “It is sometimes said that the record of a deed is constructive notice to all the world. That, it is evident, is too broad and unqual ...
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Walters v. Tucker
Citation22 Ill.281 S.W.2d 843 (Mo. 1955) Brief Fact Summary. The Plaintiff and Defendant are neighbors. Plaintiff sued to quiet title to property. Plaintiff claimed that their deed which that provided “[w]est 50 feet of lot 13” meant that the 50 feet should be measured in accordance with the width of the lot. The Defendant claimed that the 50 feet referred to frontage along a road, which would make the Plaintiff’s land only about 42 feet wide. Synopsis of Rule of Law. When there is no inconsistency on the face of a deed and, on application of the description to the groun ...
Pritchard v. Rebori
Citation22 Ill.135 Tenn. 328, 8 Thompson 328, 186 S.W. 121 (1916) Brief Fact Summary. Rebori (Defendant) conveyed land to Pritchard (Plaintiff) along with a covenant against incumbrances. When Plaintiff began construction of a warehouse in accordance with the specific legal description in the deed from Defendant, the Southern Railway Company notified Plaintiff that his construction was encroaching on a pre-existing right of way easement in favor of the railway. Synopsis of Rule of Law. The general rule is that in determining boundaries resort is to be had, first, to natural objects or land ...
Womack v. Stegner
Citation22 Ill.293 S.W.2d 124 (Tex. Civ. App. 1956) Brief Fact Summary. D.R. Womack (Plaintiff) claimed title to land that he had received from his deceased brother, W.B. Womack. The deed authorizing the conveyance contained a blank for the name of the grantee. W.B. Womack died testate and under his will the property would have passed to his wife, Louise Womack. Louise Womack died prior to the filing of this suit and under her will the property in question would have passed to her brother, Harold Stegner (Defendant). Synopsis of Rule of Law. Under Texas law, when a deed with the name of th ...
Clevenger v. Moore
Citation22 Ill.1927 OK 260, 126 Okla. 246, 259 P. 219 Brief Fact Summary. Clevenger (Plaintiff) owned a building in Bartlesville, Oklahoma, which she considered trading to Simmons for an apartment building. Peay, acting as an intermediate, took a deed to Simmons, which Peay was to hold pending Plaintiff’s investigation of Simmons’ Tulsa property. Synopsis of Rule of Law. No title will pass by a deed, which is not delivered by the grantor or someone duly authorized by him. ...
Bybee v. Hageman
Citation Brief Fact Summary. Hageman (Plaintiff) sued to foreclose a mortgage. A second mortgage was made on the property to Manly, who assigned the second mortgage to Bybee (Defendant). Defendant contended that the description of the first mortgage of the property was insufficient to put Manly on notice of the first mortgage. Synopsis of Rule of Law. The ambiguity was a latent ambiguity because the county in which the land was situated had more than one section five. The Court found that the ambiguity was susceptible to more than one explanation. ...
French v. French
CitationBrief Fact Summary. A conveyance from son (Plaintiff) to father (Defendant) of a life estate in favor of the Defendant was challenged as being statutorily insufficient as being attested by only one witness when the statute required two witnesses. Synopsis of Rule of Law. Under the statute of uses, 27 Hen. VIII. Cap.10, “where any person stands seised of any lands to the use of any other person by reason of bargain, sale or feoffment, such person that have any such use shall be deemed and adjudged in lawful seisen, estate and possession thereof, to all intents and purposes.R ...
First National Bank of Oregon v. Townsend
Citation22 Ill.27 Or. App. 103, 555 P.2d 477 (Ct. App. 1976) Brief Fact Summary. In this case, a deed was found unrecorded in the grantee’s personal effects after the death of the grantee. The deed was recorded by the Plaintiff, Townshend (Plaintiff), the personal representative of the grantee’s estate. The grantor was also deceased and had no heirs. The State of Oregon was the interested party on the grantor’s behalf, due to escheat. The deed was titled, “Warranty Timber and Mineral Deed,” but was confusing as to what the deed intended to convey (whether a tim ...
Grayson v. Holloway
Citation22 Ill.203 Tenn. 464, 313 S.W.2d 555 (1958) Brief Fact Summary. There was a conflict between clauses in a deed when the granting clause of the deed listed the only grantee as the husband, and the “habendum” clause named grantees to be husband and wife, their heirs and assigns forever, which would have created a tenancy by the entirety. Synopsis of Rule of Law. The court found that the lower court had a duty to construe the deed by giving effect to all its parts and thus determine the true intent of the grantors. ...
State ex rel. Indiana State Bar Association v. Indiana Real Estate Association, Inc
Citation22 Ill.244 Ind. 214, 191 N.E.2d 711 (1963) Brief Fact Summary. The State Bar Association of Indiana brought a complaint against the Real Estate Association of Indiana and realtors in the state claiming that the realtors’ practice of filling in blanks on legal forms constituted the unauthorized practice of law. Synopsis of Rule of Law. Generally, the filling in of blanks on legal instruments, prepared by attorneys, which require only the use of common knowledge regarding the information to be inserted in the blanks and general knowledge regarding the legal consequences involve ...
Tristam’s Landing, Inc. v. Wait
Citation22 Ill.367 Mass. 622, 327 N.E.2d 727 (1975) Brief Fact Summary. A real estate broker sought to recover a commission for a sale of real estate, which the sale was not consummated. Synopsis of Rule of Law. The general rule regarding whether a broker is entitled to a commission from one attempting to sell real estate is that, absent special circumstances, the broker is entitled to a commission if he produces a customer who is ready, willing and able to consummate the deal under the terms and price given the broker by the owner. ...
Bleckley v. Langston
Citation22 Ill.112 Ga. App. 63, 143 S.E.2d 671 (Ct. App. 1965) Brief Fact Summary. Plaintiffs entered into a contract for the purchase of land. On the following day, an ice storm destroyed a great deal of the property, reducing the value of the land. Plaintiffs notified Defendants that they had elected to rescind the contract and demanded return of the money. Defendants refused to rescind the contract. Synopsis of Rule of Law. The prevailing law in is that the risk of loss is normally on the buyer. ...
Sanford v. Breidenbach
Citation22 Ill.111 Ohio App. 474, 173 N.E.2d 702 (Ct. App. 1960) Brief Fact Summary. Sanford agreed to sell land and a house to Breidenbach, but prior to the consummation of the transfer of legal title, the house was destroyed by fire. Synopsis of Rule of Law. The risk of loss should be on the vendor until the time agreed upon for conveyance of the legal title, and thereafter on the purchaser, unless the vendor is then in such default as to be unable specifically to enforce the contract. [4 Pomeroy’s Equity Jurisprudence (5 Ed.), Section 1161a]. ...
Raplee v. Piper
Citation22 Ill.3 N.Y.2d 179, 164 N.Y.S.2d 732, 143 N.E.2d 919 (1957) Brief Fact Summary. While Plaintiff was in possession as vendee under the contract, a fire occurred, defendant vendor received $4,650.00 under the fire loss policy, premiums for which had been paid by Plaintiff. Plaintiff tendered to Defendant the difference between the amount actually unpaid on the contract and the insurance proceeds, but Defendant refused Plaintiff’s demand for credit on the purchase price. Synopsis of Rule of Law. When a land purchase contract requires the vendee to keep the property insured agai ...
Shay v. Penrose
Citation22 Ill.25 Ill. 2d 447, 185 N.E.2d 218 (1962) Brief Fact Summary. Mrs. Shay was in the process of selling four tracts of land under installment contracts when she died intestate and an action for partition was taken. The trial court denied partition based on the doctrine of equitable conversion. An appeal was taken. Synopsis of Rule of Law. When the owner of land enters into a valid and enforceable contract for its sale he continues to hold the legal title, but in trust for the buyer. The buyer becomes the equitable owner and holds the purchase money in trust for the seller/ owner. ...
Clapp v. Tower
Citation View this case and other resources at: 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. ...
Eddington v. Turner
Citation View this case and other resources at: Brief Fact Summary. Thomas Turner drafted a will devising certain land to his sister, Sallie Turner. Thereafter, Thomas Turner gave a 60-day option to purchase land to Eddington. After Thomas Turner died, Eddington decided to exercise his option to purchase the land. Synopsis of Rule of Law. In this case the testator evidenced his desire that his sister should have a portion of his land for life. Then he granted an option for 60 days, which he had no way of knowing would be exercised or not. The testator had no enforceable right to the purch ...
Smith v. Warr
Citation View this case and other resources at: Brief Fact Summary. Plaintiff contracted to buy property from Defendant. The contract provided that special warranty deed was to be passed upon full payment, but before that event occurred, Defendant was sued for adverse possession of the property and lost to the third party adverse possessors. Synopsis of Rule of Law. This court held that the measure of damages where the vendor has breached a land sale contract is the market value of the property at the time of the breach less the contract price to the vendee. ...
Clay v. Landreth
Citation22 Ill.187 Va. 169, 45 S.E.2d 875 (1948) Brief Fact Summary. In this case Landreth (Defendant) entered into a contract with Clay (Plaintiff) to purchase a lot for the purpose of building a storage unit, however the land was later rezoned for residential use only. Synopsis of Rule of Law. When something has intervened which ought to prevent it, the doctrine of equitable conversion will not be applied. It does not exist as a matter of right and is not applicable to all circumstances. ...
Cohen v. Krantz
Citation22 Ill.12 N.Y.2d 242, 238 N.Y.S.2d 928, 189 N.E.2d 473 (1963) Brief Fact Summary. Plaintiffs contracted with Defendants to purchase a home. Plaintiffs delayed the delivery date until December 15, without any indication that title could be rejected. After investigation, Plaintiff discovered that title was unmarketable. Synopsis of Rule of Law. While a vendee can recover his money paid on a contract from a vendor who defaults on law day without a showing of tender or even of willingness and ability to perform where the vendor’s title is incurably defective, a tender and demand ...
Handzel v. Bassi
Citation22 Ill.343 Ill. App. 281, 99 N.E.2d 23 (App. Ct. 1951) Brief Fact Summary. Defendant placed a clause in a contract to prohibit assignments. The Plaintiff, who did not breach the contract with the Defendant, entered into an agreement with a third party for the purchase of the land from Plaintiff, who was to receive a deed upon payment of one-half the purchase price. Synopsis of Rule of Law. Covenants against assignments are strictly construed in order to prevent forfeitures. ...
Kramer v. Mobley
Citation22 Ill.309 Ky. 143, 216 S.W.2d 930 (1949) Brief Fact Summary. Plaintiff entered into a contract with the Defendant to buy land. The Defendant offered to consummate the deal by offering the title to the Plaintiff with a certified check to cover a lien. Defendant disputed the existence of the lien. Plaintiff refused to accept the title on those terms and sued Defendant. Synopsis of Rule of Law. If the sale fails by reason of a defect in the vendor’s title and the vendor is guilty of no bad faith or fraud, the measure of the vendee’s damage is substantially the same as in ...
Wallach v. Riverside Bank
Citation22 Ill.206 N.Y. 434, 100 N.E. 50 (1912) Brief Fact Summary. Plaintiff contracted with Defendant to purchase certain property, subject to existing leases and existing restrictions on record. The Defendant offered Plaintiff a quitclaim deed, which Plaintiff refused to accept. Plaintiff contended that a previous conveyance of the property was not joined by the wife of the grantor, and that such failure rendered the title unmerchantible. The Defendant refused to return a down payment to Plaintiff. Synopsis of Rule of Law. In every executory contract for the sale of lands there is an im ...
Bartos v. Czerwinski
Citation22 Ill.323 Mich. 87, 34 N.W.2d 566 (1948) Brief Fact Summary. Plaintiffs made an offer to purchase property from Defendant at the price of $6,300.00. The Plaintiffs’ attorney found that the title abstract showed that a prior series of conveyances made the title unmarketable. Synopsis of Rule of Law. A title may be regarded as unmarketable if a reasonably careful and prudent man, familiar with the facts, would refuse to accept title in the ordinary course of business. It is not necessary that the title be actually bad in order to render it unmarketable. It is sufficient, if th ...
Skendzel v. Marshall
Citation22 Ill.261 Ind. 226, 301 N.E.2d 641 (1973) Brief Fact Summary. Plaintiffs brought an action to obtain possession of real estate through enforcement of a forfeiture clause in a land sale contract. The land sale contract was for a total purchase price of $36,000.00 in yearly $2,500.00 payments, without interest, and that in case of default, if such default should continue for 30 days, then all monies paid would be forfeited and taken as liquidated damages. Synopsis of Rule of Law. A conditional land sales contract is the same as a secured transaction, the provisions of which are subj ...