Jones v. Warner

Citations

• 81 Ill. 343

Syllabus

<p>1. Covenants—of seizin and good right to convey. Covenants in a deed that the grantor is seized of the premises conveyed, and has good right to convey the same, and that the same are free of incumbrances, are in presentí, and if broken at all are broken when the deed is delivered. Nothing happening after the delivery of the deed can be assigned as a breach of such covenants.</p> <p>2. Same—of general warranty—what is a breach. In order to recover for a breach of a covenant of general warranty in a deed conveying land, the covenantee must show that he has been evicted by an outstanding title, and not by his own act, or that he is unable to obtain possession under the title derived from the covenantor, by reason of the title he has received by the deed being inferior to the title by which the land is adversely held, or by reason of the covenantor, by his acts, having defeated the title he has covenanted to warrant and defend.</p> <p>3. Judgments and decrees—effect of, when rendered by com-ts of other States, as evidence in this State. Where it appears that there was personal service on a party or appearance entered in the court of another State, the judgment or decree of such court will be conclusive of the right of such party in this State; but where the party was not an inhabitant of the State where the judgment or decree was rendered, and was not in the State, and was not personally served with process, and did not enter his appearance, the judgment or decree is but prima facie evidence in the courts of this State, and the party may show the court rendering such judgment or decree did not acquire jurisdiction, or he may go behind the judgment or decree, and show there was no ground for a recovery.</p> <p>4. Jurors—conduct after retiring to consider of their verdict. After the jury had retired, one of the jurors prevailed on the officers to take him to the office of one of the attorneys in the case, and when there, requested the attorney to read one of the instru