Harms V Sprague Gay

This preview shows page 1 – 2 out of 2 pages. Harms v. Sprague (and Carl and Mary Simmons) Sprague = JH executor SC of Illinois (1984) Facts P and his brother had taken title to real estate as joint tenants w/ full right of survivorship.

Sprague tendered $18,000 in cash and signed a promissory note for the balance of $7,000. Because Sprague had no security for the $7,000, he asked his friend, John Harms, to co-sign the note and give a mortgage on his interest in the joint tenancy *220 property.

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interpreted to encompass numerous manifestations of those harms, which were not “new” under the sun.

Harms v. Sprague Case Brief – Rule of Law: A mortgage on the joint tenancy property was not a lien after the death of the joint tenant and did not sever the four unities of joint tenancy, thus the surviving tenant became the sole owner of the property.

William Harms (plaintiff) and his brother, John Harms, owned property as joint tenants. Sprague (defendant) purchased property nearby from the Simmonses. John allowed Sprague to use his joint tenancy interest as collateral for the balance due on the mortgage for that purchase.


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Summary of Harms v. Sprague, Supreme Court of IL (1984). Parties: DF Sprague is the executor of the estate of John Harms; PL William Harms is the brother of decedent John. Cause of action/remedy sought: Original action sought was for a declaratory judgment to quiet title in land.

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Harms v. Sprague, 105 Ill. 2d 215, 221-222, 473 N.E.2d 930, 933 ( 1984).

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Harms v. Sprague. 105 Ill. Harms (P) and his brother, John, were joint tenants with full right of survivorship in property on June 26, 1973. Sprague (D) wanted to purchase other property from the Simmonses (D1) for $25,000 and tendered $18,000 in cash and signed a promissory note for $7,000.