BROWN V. LOBER 75 Ill.2d 547, 389 N.E. 2d 1188 (1979) CASE BRIEF

BROWN V. LOBER

75 Ill.2d 547, 389 N.E. 2d 1188 (1979)

NATURE OF THE CASE: Lober (D) appealed from a decision which reversed the trial court's finding that although Ds breached the covenant of seisin, Brown's (P) suit was barred by the statute of limitations, but found that P's cause of action on the covenant of quiet enjoyment was not barred.

FACTS: In 1947, the original owners of land conveyed that land to Bost, reserving a 2/3 interest in mineral rights. Bost then conveyed the land to Brown (P) in 1957 by a general warranty deed containing no exceptions. P was going to convey the mineral rights in the property for $6,000 in 1974 but discovered that they only had a one-third interest. P had to renegotiate its contract for the sale of the rights and could only receive $2,000 for his one-third interest. The prior grantor had never made any attempt to exercise his mineral rights. The statute of limitations (10 years) barred action on present covenants for breach of warranty, so P sued Bost's executor, Lober (D), for breach of the covenant of quiet enjoyment. The trial court found for D, but the appellate court reversed. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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