Tuesday, December 24, 2013

Brown v. Lober case brief

Brown v. Lober case brief summary
389 N.E.2d 1188 (1979)

CASE SYNOPSIS
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.

DISCUSSION

  • 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. 
  • The 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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