Coffman v. Scoville

Citations

• 86 Ill. 300

Syllabus

<p>1. Covenant — against incumbrances—its effect — and herein, whether a transaction is one or several. A vendor of land who conveys by deed containing a covenant against incumbrances, and takes the notes of the purchaser, secured by trust deed on the property, for the unpaid purchase money, is bound to protect the purchaser against any incumbrances that were on the land when he conveyed, before he can properly demand payment of the notes given for the purchase money.</p> <p>2. It is the right of a purchaser of property under a deed with covenants against incumbrances' to have all incumbrances that may be on it removed, before his vendor can sell it under a deed of trust executed by such purehasei to secure the payment of the purchase money.</p> <p>3. Where a party owning one undivided half of property, and having a contract with the owner for the purchase of the other half, enters into a contract with a third person for the sale to him of the half then owned, and of the other half when acquired, and afterwards executes separate deeds, each containing covenants against incumbrances, for the two halves, and takes separate notes and deeds of trust for the purchase money, the transaction will be considered as one, and, before a sale can be held under either deed of trust, all incumbrances must be removed from the whole tract.</p> <p>4. Bale—of land under trust deeds. Where the title to a tract of land is vested in a trustee by virtue of two deeds of trust, executed by the same party and for the benefit of the same party, each deed being for an undivided half ol the land, the whole land should be sold together under both deeds, and not one half at one time, and the other half at another.</p> <p>5. Same—of land under trust deed will be set aside when made by party whose covenant against incumbrances has not been kept. Where the vendor of land covenants that it is free of incumbrance, has it sold under a deed of trust given to him. for the purchase money, and becomes the