Brown v. Lober case brief summary
389 N.E.2d 1188 (1979)
Defendants appealed from the Appellate
Court for the Fourth District (Illinois) which reversed the trial
court's finding that although defendants breached the covenant of
seisin, plaintiff's suit was barred by the statute of limitations,
but found that plaintiff's cause of action on the covenant of quiet
enjoyment was not barred.
CASE FACTS Plaintiffs granted a coal option to a
company for the coal rights on a tract of land. Plaintiffs discovered
later that they owned only a one-third interest in the subsurface
coal rights. A prior grantor had reserved a two-thirds interest in
the mineral rights on the property. Plaintiffs instituted action
against the executor of the estate based on an alleged breach of the
covenant of seisin in their warranty deed.
On appeal, the court
reversed, finding plaintiff's action for breach of the covenant of
seisin was barred by the 10 year statute of limitations.
plaintiffs also brought a post trial motion alleging a breach of the
covenant of quiet enjoyment.
The court found plaintiffs could not
recover under this theory either because there was no constructive
eviction and therefore no breach of the covenant of quiet enjoyment
since there was no interference with plaintiff's right of possession.
CONCLUSION On appeal, the court reversed, finding
that plaintiff's action for breach of the covenant of seisin was
barred by the 10 year statute of limitations. Additionally, the
plaintiffs could not recover under a theory of breach of the covenant
of quiet enjoyment since there was no constructive eviction.
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