Dugger v. Oglesby

Citations

• 99 Ill. 405

Syllabus

<p>1. Covenants in deed — when extends to equitable claim. Where there is an outstanding equitable title which is entitled, as against the grantee as well as the grantor, in a deed with full covenants, to have united to it the legal estate, and so defeats the estate assumed to be conveyed by the deed, by claim paramount, the covenants in the deed will extend to and embrace such equitable claim.</p> <p>2. Where, after bill filed by a partner to have a conveyance of a lot set aside, on the ground that the consideration of the deed was partnership goods, exchanged by 'the other partner for the lot, who fraudulently took the deed in his wife’s name, and during the pendency of such bill the lot is conveyed by the latter partner and wife to another, by deed, with the usual covenants of warranty, and afterwards a decree was rendered in the suit subjecting the lot to sale in payment of the partnership debts: Held, that the purchaser taking during the pendency of the suit to avoid the title of his grantors, and all persons afterwards claiming under him, was bound by the decree which was rendered, and therefore the covenants in the deed embraced the equitable title under which.the land was sold and the legal title divested.</p> <p>3. Same — eviction. Where a party suing on the covenants in a deed has been evicted under a paramount title, it is not material whether the steps taken to procure a writ of assistance were regular or not, as the party might voluntarily yield to the adverse title.</p> <p>4. Secondary evidence — sufficiency of search, for lost deed. Where a witness testified that he was the solicitor of the grantee, and to the execution, acknowledgment and delivery of a master’s deed; that he, the witness, placed it on his desk in the court room, with another paper, and both were lost; that he had never been able to find them afterwards; that he had made diligent search for them, and that the deed had never been recorded: Held, that the search was sufficient to admit