McConnell v. Downs

Citations

• 48 Ill. 271

Syllabus

<p>1. Covenants of title—in actions upon covenants of warranty, when warrantor will not be permitted to prove that the eviction was by force of a superior title. A defendant in an action upon a covenant of warranty, to whom notice had been given by the plaintiff of the pendency of the action in ejectment, and who neglected to defend, will not be permitted to prove that the judgment of eviction was not upon an adverse or superior title. Having failed to defend, such judgment is conclusive upon him, no collusion or fraud being shown.</p> <p>2. Sajie—no objection that plaintiff purchased outstanding title after the judgment of eviction. And in such case, it is no objection that the plaintiff, after judgment in ejectment, purchased the outstanding title. This he had a right to do, to save himself from eviction, and was under no obligation to submit to a second trial, after the warrantor had failed to defend.</p>