Ring v. Billings

Citations

• 51 Ill. 475

Syllabus

<p>1. Vendos and pubchaseb—reservation ly the former—what constitutes. A party sold Ms interest in a tract of land, the legal title of which was in another, and an agreement in writing was entered into between the vendor and purchaser, by the terms of which the former was to have a certain time in which to remove some wine plants growing upon the premises. The person holding the legal title was authorized verbally by the vendor to convey to the purchaser on the payment of a certain sum of money to which the land was subject. The payment being made, the holder of the legal title, at the request of the purchaser, conveyed the land to the wife of the latter, the deed containing no clause of reservation of the wine plants : Held, that the written reservation was operative according to its terms, and secured to the vendor the right to remove the plants within the time agreed upon. The fact that the deed contained no reservation was immaterial, as it was not made by the vendor, nor did he authorize it to be made without the reservation.</p> <p>2. Qumre, whether the vendor, in such case, could set up Ms written reservation against a subsequent deed made by himself not contaimng a reservation.</p> <p>3. Same—where the conveyance was made to the wife of the purchaser. The wife of the purchaser, to whom the conveyance was made, occupied no better position in respect to the reservation, than he would have held as grantee, since she was a volunteer, and had, moreover, full notice of the fact that the reservation was made.</p> <p>4. Pebsonal pbopebtt—of plants reserved on a sale of land. The written reservation made the plants, as between the vendor and purchaser, and the wife of the latter, personal property; as much so as if they had been taken from the ground.</p> <p>5. Tboveb—conversion. The vendor, witMn the time limited for the purpose, sought to remove the plants according to the reservation, but the grantee, the wife of the purchaser, the latter being absent, forbade him