Lester v. Heirs of White

Citations

• 44 Ill. 464

Syllabus

<p>1. Witness—a grantor in a deed—having an interest in suit—incompetent. A grantor in a deed, who has made general covenants of warranty, and that he had power to sell, and that the land was free from incumbrances, is an incompetent witness, without a release, for his grantee, in a suit where the plaintiff claims title through another channel.</p> <p>2. Pre-emption—right to—not a mere chattel interest. The interest acquired by a pre-emption right is not a mere chattel interest which can be transferred by parol, but requires a written instrument to pass such right or title.</p> <p>3. Same—may he taken on execution—or on death of owner, descends to the heir. It is a right which may be taken on execution; or upon the death of the owner, it descends to the heir, and will not go to the executor or administrator.</p> <p>4. Same—conveyance of—may he compelled in certain cases. One of a number of heirs to such pre-emption right can maintain a bill to compel a conveyance of his interest from one who has received a deed from the other heirs of their interests and the deed of a commissioner appointed by a decree conveying the interest of such heir, he not having sold any interest in such pre-emption right</p>