Koester v. Litherland

2 Citing cases

  1. Mearida v. Murphy

    106 Ill. App. 3d 705 (Ill. App. Ct. 1982)   Cited 8 times
    In Mearida, the defendant, Murphy, accepted a deed that he did not sign, that gave the grantor, Mearida, the option to purchase a 28-foot easement.

    • 1, 2 It is settled in Illinois that the acceptance by the grantee of a deed conveying an interest in land and containing a covenant or agreement to be performed in the future, followed by the grantee's entering into possession of the premises, binds the grantee to the performance of the agreement as effectually as if he had signed the deed. ( Powell v. Powell (1929), 335 Ill. 533, 167 N.E. 802; Eidman v. Drewes (1933), 269 Ill. App. 264; Koester v. Litherland (1933), 269 Ill. App. 89; but see: McMillan v. Ingolia (1980), 87 Ill. App.3d 727, 410 N.E.2d 162.) In the instant case, the defendants received delivery of and recorded the deed, and have accepted the benefits for over 10 years.

  2. McMillan v. Ingolia

    87 Ill. App. 3d 727 (Ill. App. Ct. 1980)   Cited 9 times
    In McMillan, the evidence showed that the defendants had not been present at the closing of the transaction, that they had not been advised of the option at the time of accepting their deed, and that they were unaware of plaintiffs' claim of option until approximately 15 years after the transaction.

    In support, the plaintiffs rely on a number of cases which stand for the proposition that one who accepts a deed is presumed to be acquainted with the contents thereof. ( Sanitary District v. Chicago Title Trust Co. (1917), 278 Ill. 529, 116 N.E. 161; Warren v. President Trustees (1853), 15 Ill. 236; Eidman v. Drewes (1933), 269 Ill. App. 264; Koester v. Litherland (1933), 269 Ill. App. 89. • 4 Even if we were to accept the plaintiffs' position and were to find that the acceptance and retention of the deed by the plaintiffs for a considerable period of time bound them to its terms, however, we could not enforce the repurchase option because it is violative of the Statute of Frauds.