Long v. Saunders

Citations

• 88 Ill. 147

Syllabus

<p>1. Vendor and purchaser—remedy of the latter while in possession, against the former. In an action of debt, upon a bond for the conveyance of real estate within sixty days from its date, assigning, as a breach, the failure to convey within the time fixed, the defendants pleaded that, after the making of the writing obligatory, and before the commencement of the suit, the plaintiff, under the bond, entered into and took possession of the premises therein described, and remained in the use and occupancy of the same up to and until long after the commencement of the suit, and that the defendants executed and duly acknowledged a deed to the plaintiff to the lot and premises described, containing full covenants for a good title in fee simple, and free from all incumbrances, on a day named, (after the expiration of the sixty days,) and while the plaintiff was in possession of the premises, and offered to deliver the same to the plaintiff, and they, from that time, have been, and still are, ready, and offer, to deliver the same to the plaintiff: Held, that the pleas presented a bar to the action.</p> <p>2. A purchaser of land, who has paid the price and taken possession, can not maintain an action to recover back the purchase money, without giving up the possession of the premises. He can not retain the use of the estate and maintain an action to recover back what he has paid.* </p>