Richard v. Bent

Citations

• 59 Ill. 38

Syllabus

<p>Covenants fob titee, pass to remote grantee. A remote grantee of lands may maintain an action in liis own name against the original grantor, on a covenant in the deed of the latter, “ that the said lands are free from all incumbrances,” where the substantial breach of the covenant occurs, after the assignment, and the whole actual damages are sustained by the assignee. Although in such case the covenant is nominally broken on the execution of the deed, the rule of the common law, that ¿hoses in action are not assignable, does not apply.</p>