Brown v Lober - Case Brief | Case - Edubirdie

University:
University College London
Course:
LAWS0013 | Tort Law
Academic year:

2019
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494

Pages:

1
Author:

sonalhava9qv

Brown v. Lober Supreme Court of Illinois 389 N.E.2d 1188 (1979) Facts Browns purchased 80 acres of real estate; received statutory warranty deed. Browns then took possession of the land and recorded their deed. Granted coal option to Consolidated Coal Company; two years after this found out they only owned 1/3 of the interest in subsurface coal rights. It was on public record that a prior grantor had reserved 2/3 interest in the subsurface coal. Browns filed action against estate of Faith Bost, seeking damages in the amount of $4,000. Procedural History Breach of covenant of seisin and breach of covenant of quiet enjoyment both denied by trial court. Fifth District Appellate Court reversed and remanded. Arguments Presented Issue Presented Rule Reasoning Holding Judgement

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