People ex rel. Weber v. Herbel

Citations

• 96 Ill. 384
• 1880 Ill. LEXIS 45

Syllabus

<p>1. Town plat—dedication•—by whom. The purchaser of land subject to a deed of trust has no power to lay out the land into town lots, and thereby dedicate the streets and alleys to the public so as to affect a purchaser at a sale under the trust deed. A sale under the trust deed will avoid and vacate such a plat.</p> <p>2. Conveyance—after acquired title. Where a deed, remising and releasing premises, contains a covenant that the grantor, his heirs, etc., shall warrant and defend the title to the premises to the grantee, his heirs and assigns forever, against all lawful claims of all persons claiming under the grantor, and the habendum clause provides that the grantee, his heirs and assigns, shall have and hold the premises, etc., forever, it will be a conveyance of the fee, and not a simple release, so that a title subsequently acquired by the grantor will inure to the grantee, unless it is derived from sale under an incumbrance assumed by the grantee.</p> <p>3. Same—construction of a deed as to assuming incumbrance by the grantee. Where a conveyance of land recited that the grantor and wife, in consideration of $4000, with incumbrances thereon, to him paid by the grantee, the receipt, whereof was acknowledged, did remise, quitclaim, etc., it was held, the evident intention was that- the consideration of the deed was the payment of $4000, and the grantee’s undertaking to pay the incumbrances on the land to the holders thereof, and that the grantee took the land subject to all incumbrances.</p> <p>4. Same—covenant against claims under the grantor. Where a conveyance of land is made subject to the incumbrances thereon made by the grantor, a covenant to warrant and defend against the claims of all persons claiming under the grantor applies only to the equity of redemption, which is all that such a deed purports to convey. •</p>