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Property Keyed to Sprankling
Brown v. Lober
Citation:
389 N.E.2d 1188 (Ill. 1979)Facts
In 1957, Plaintiffs purchased a real estate from William and Faith Bost and received a statutory warranty deed, which contains no exceptions. 17 years later, in 1974, Plaintiffs granted a coal option to Consolidated Coal Company. Later, Plaintiffs discovered that they owned only 1/3 interest in the subsurface coal rights, since a prior grantor only granted 1/3 of interest in the mineral rights to the Bost and reserved the remaining 2/3. Plaintiffs and Consolidated renegotiated their agreement to provide for payment of $2,000 instead of the original $6,000 contract price. Plaintiff filed an action against the executor of the estate of Faith Bost, seeking damages in the amount of $4,000, alleging breaches of the covenant of seisin and covenant of quiet enjoyment.
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