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Storke v. Penn Mutual Life Insurance Co.

61 N.E.2d 552 (1945)

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Storke v. Penn Mutual Life Insurance Co.

Illinois Supreme Court

61 N.E.2d 552 (1945)

Facts

Storke and his partner, Timmerman, owned 40 acres of land in an area that would eventually become part of Chicago. In 1889 Storke and Timmerman divided the land into lots and began selling them. The deeds transferring the lots included provisions that attempted to prevent any saloon being operated or liquor being sold on the lots in the future. The deeds asserted that if those prohibited conditions occurred, the land would revert back to Storke and Timmerman or their heirs. Penn Mutual Life Insurance Co. (Penn Mutual) (defendant) acquired title to one of the lots in 1934 and rented the property to a person who operated a tavern there. By that time, a number of other establishments that sold alcohol were operating on lots that had originally been transferred by Storke and Timmerman. Storke’s heirs (plaintiffs) filed a suit against Penn Mutual that attempted to assert title to the lot for themselves and Timmerman’s unknown heirs based upon the restrictive provisions in the original deed. The lower court confirmed title for Penn Mutual.

Rule of Law

Issue

Holding and Reasoning (Gunn, J.)

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