Smith v. Dugger

Mr. Chiee Justice Dunn

delivered the opinion of the court:

The decree from which this appeal is taken must be reversed for the failure of the circuit court to follow the directions of the opinion and mandate of this court upon the reversal of an earlier decree on a former appeal, which is reported in 310 Ill. 624.

A bill was filed by the vendors for the specific performance of a contract for the sale of land. The defense was that the vendors did not have a title in fee simple to a part of the land and were therefore unable to convey the title required by the contract. The cause was heard in the…