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Citation22 Ill.273 Ind. 518, 406 N.E.2d 625 (1980) Brief Fact Summary. An act of the legislature of Indiana, called the Mineral Lapse Act (the Act), put an end to interests in minerals, which have not been used for twenty years. The lower court found the Act to be contrary to due process, equal protection and the guarantee of just compensation for property taken for the state. Synopsis of Rule of Law. The courts may not sit as a super legislature to judge the wisdom or desirability of legislative policy, where such determinations do not impact fundamental rights nor a suspect classificatio ...

CitationHoward v. Kunto, 3 Wn. App. 393, 477 P.2d 210 (Ct. App. 1970) Brief Fact Summary. In this case, the descriptions in several deeds, including the Plaintiff, Howard (Plaintiff), and the Defendant, Kunto (Defendant), did not fit the land occupied by the deed holders. Synopsis of Rule of Law. To constitute adverse possession, there must be actual possession, which is uninterrupted, open and notorious, hostile and exclusive and under a claim of right made in good faith for the statutory period. ...

Citation22 Ill.30 Ill. 2d 258, 195 N.E.2d 619 (1964) Brief Fact Summary. In this case, according to record title, the surface interest to land was held by the Plaintiff, Failoni (Plaintiff), and the mineral interest was held by the Defendant, Chicago & North Western Railway Co. (Defendant). The Plaintiff contended that because the conveyances in her chain of title did not except the mineral interest, she acquired color of title to the mineral interest which had ripened into fee ownership under a statute which provided that if a person having color of title paid all taxes legally assesse ...

Citation22 Ill.9 Ill. 2d 441, 137 N.E.2d 815 (1956) Brief Fact Summary. This case involved a dispute between the Plaintiffs, the widow and children of Fred Mercer, deceased (Plaintiffs) and the Defendants, surviving sons of Lora Wayman, deceased, and the widow and daughter of Verne Wayman, deceased (Defendants), to set aside oil and gas leases by the Defendants and to have the Plaintiffs declared the sole owners of the 40 acre tract in question. Synopsis of Rule of Law. The rule is well settled that the mere possession by one tenant in common who receives all the rents and profits and pays ...

Citation22 Ill.40 Cal.3d 870, 221 Cal.Rptr. 509, 710 P.2d 309 (1985) Brief Fact Summary. In this case, the Plaintiffs’, Brian and Helen White (Plaintiffs), predecessor in title had granted an easement deed for subsurface water rights. The Plaintiffs were unaware of the easement at the time of the sale. The Plaintiffs were issued title insurance by the Defendant, Western Title Insurance Co. (Defendant) and neither policy (there were two lots) mentioned the easement. The title insurance policy stated that it would protect the Plaintiffs against title being vested in a person other than ...

Citation22 Ill.103 Wn.2d 409, 693 P.2d 697 (1985) Brief Fact Summary. The Plaintiff, Transamerica Title Insurance Co. (Plaintiff), in this subrogation suit is a title insurance company and the Defendant, Johnson (Defendant), is the seller-grantor of three parcels of land and the insureds were the purchasers-grantees. The Plaintiff failed to except from coverage a sewer assessment lien on each parcel. The Plaintiff paid the three assessments and then sued the Defendant under subrogation rights, which simply means that any rights, which the purchaser-grantees might have against the Defendant, ...

Citation22 Ill.279 F.2d 381 (7th Cir. 1960) Brief Fact Summary. In this case, Meirink, believing he owned the entirety of a 21-acre tract in fee simple, executed on November 7, 1953, an oil and gas lease to the Defendant, Obering (Defendant). Thereafter, Meirink found that he only owned a ...

Citation22 Ill.124 F. Supp. 1 (D. Minn. 1954) Brief Fact Summary. In this case, the Plaintiff, the United States (Plaintiff), filed suit to establish and enforce certain liens and claims, for the foreclosure thereof and to obtain a judgment from the Court that the Defendants, Piltz and Engdahl (Defendants), purchased the real estate subject to the lien claimed by the Plaintiff. The Defendants claimed that the Plaintiff did not take proper steps, under the Torrens System of land registration in Minnesota, to perfect a lien as required by law. The Plaintiff contended that the filing of a noti ...

Citation View this case and other resources at: Brief Fact Summary. In this opinion, the Georgia Supreme Court discusses the measure of damages for breach of a covenant of warranty in a deed. The estate of Harris, deceased, was partially insolvent and the administrator brought a bill in equity, seeking directions for the payment of debts. Among the debts was a claim by the heirs of Laney, deceased, for breach of a covenant of warranty in a deed by Harris to Laney. Synopsis of Rule of Law. The majority rule in this country is that the vendee is allowed to recover the purchase money with in ...

Citation22 Ill.250 F.2d 51 (10th Cir. 1957) Brief Fact Summary. In this case, the Plaintiff Spears (Plaintiff) brought a diversity action to cancel a deed and quiet her title to an undivided one-half interest in 320 acres of land in New Mexico, on the grounds that her name to the deed granting an interest to the Defendants, various members of the Madrid family (Defendants), was forged. The Defendants denied the forgery, but alternatively pleaded they had made valuable improvements in good faith under color of title and the Plaintiff was estopped by the doctrine of laches to assert her title ...

Citation22 Ill.643 S.W.2d 392 (Tex. 1982) Brief Fact Summary. In this case, the Plaintiffs, John and Merila Robichaux (Plaintiffs) entered into a contract with the Defendant, G-W-L, Inc., d/b/a Goldstar (Defendant), for the construction of a house, for which, under the contract, the Defendant would design, build and provide materials. The Defendant completed the construction, but the roof had a sag in it, which caused the Plaintiffs to sue for breach of express and implied warranties. The lower court found in favor of Plaintiffs and the Defendant appealed. Synopsis of Rule of Law. The lang ...

Citation22 Ill.75 Ill. 2d 547, 27 Ill. Dec. 780, 389 N.E.2d 1188 (1979) Brief Fact Summary. The Plaintiffs purchased 80 acres of land from William and Faith Bost in 1957 and took possession and recorded their deed. Thereafter, Plaintiffs granted a coal option to Consolidated Coal Company for the coal rights on the land for $6,000. However, approximately two years later, on May 4, 1976, the Plaintiffs “discovered” that a predecessor in title had reserved two-thirds of the coal interest in himself, and, based on that fact, the Plaintiffs and the coal company renegotiated their con ...

Citation22 Ill.290 Or. 31, 619 P.2d 263 (1980) Brief Fact Summary. In this case, the Plaintiffs’ neighbors have an irrevocable license to use a spring that is on the Plaintiffs’ land. The Plaintiffs’ predecessor in title granted the irrevocable license to the neighbors. The Plaintiffs have sued their predecessors in title, the Defendants, who granted the neighbors the irrevocable license to use the spring by oral agreement when the Defendants owned the property. Synopsis of Rule of Law. The grantee is entitled to protection by warranty against encumbrances existing at the ...

Citation22 Ill.76 Ill. 2d 31, 27 Ill. Dec. 746, 389 N.E.2d 1154 (1979) Brief Fact Summary. In April 1972, the Plaintiffs Raymond Peterson (Mr. Peterson) and Delores Petersen (Plaintiffs), entered into a contract for $71,000 with the Defendant, Hubschman Construction (Defendant), for the purchase of a piece of land and to have a home constructed thereupon. The Plaintiffs paid $10,000 in earnest money and there was an offset of $9,000 for work done by Mr. Petersen. The Plaintiffs became dissatisfied with the Defendant’s performance and the Defendant agreed to repair numerous problems on ...