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Brown v. Lober

Supreme Court of Illinois
389 N.E.2d 1188 (1979)


Facts

In 1947, the Bosts received a one-third interest in the mineral rights to 80 acres of land, with the owner reserving two-thirds of the interest. In 1957, the Bosts conveyed their interest to the Browns (plaintiffs) through general warranty deed with no exceptions. In 1974, the Browns tried to sell their mineral rights for $6,000, and only then discovered that they owned only one-third of the mineral rights. This forced them to renegotiate the contract price to $2,000. The original grantors (who owned the other two-thirds interest in the land) never exercised any rights to the land. The Browns sued Lober (defendant), as executor for the estate of the Bosts, for damages, alleging a breach of the covenant of quiet enjoyment. The trial court ruled in Lober’s favor. The appellate court reversed, and Lober appealed to the Supreme Court of Illinois.

Rule of Law

Issue

Holding and Reasoning (Underwood, J.)

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