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· 9/15/1867

Webster v. Conley

Citations

  • 46 Ill. 13

Syllabus

<p>1. Lease—executed by a guardian—no implied covenants in. A as the guardian of B executed a lease of certain premises to 0 and afterwards A was removed and one D appointed in his stead, who evicted C from the premises, and thereupon C brought an action of covenant against A on the words, “ demised and leased” contained in the lease: Held, that in such a lease there are no implied covenants; and there being no express covenants contained in the lease, A. could not be held liable.</p> <p>2. Deeds—by officers and agents of the law—where there are no express covenants— not liable. Where a deed is made by an officer or agent of the law, which contains no express covenants, and which simply purports to be, and is, but the mere execution of a power conferred by statute, and in which the grantor does not assume to have, or convey, any title of his own, no implied covenant arises upon which such officer or agent can be held liable.</p>

Judges: Walker

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