Hayes v. O'Brien
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a hill in chancery, filed by Michael C. Hayes, against William D. O’Brien and Fayette Thompson, in the Superior Court of Cook county, to enforce the specific performance of a contract for the conveyance of land situated in Lake county, and, as auxiliary to this relief, to enjoin O’Brien from the prosecution of a forcible entry and detainer proceeding, brought by O’Brien…
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Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a hill in chancery, filed by Michael C. Hayes, against William D. O’Brien and Fayette Thompson, in the Superior Court of Cook county, to enforce the specific performance of a contract for the conveyance of land situated in Lake county, and, as auxiliary to this relief, to enjoin O’Brien from the prosecution of a forcible entry and detainer proceeding, brought by O’Brien against the tenant of Hayes, before a justice of the peace of Lake county. O’Brien filed a general and special demurrer to…
1Opinion of the CourtJustice Shope
Appellees have entered a motion to dismiss the appeal for want of jurisdiction in this court. The contention is that a ' freehold is not involved. The complainant, by his bill, seeks to have the deed made by Thompson to O’Brien set aside, and to specifically enforce his contract with Thompson by compelling the defendants to convey the land described in the contract, to him. We are of opinion that a freehold is involved. A decision in favor of either party would determine their right to the land, as between themselves. If adverse to the complainant, O’Brien would retain the title under his…
2Cases cited16 opinions
- Hart v. SansomSupreme Court of the United States · 1884
- Mitchell v. BunchNew York Court of Chancery · 1831
- Maughlin v. PerryCourt of Appeals of Maryland · 1872
- Hall v. CenterCalifornia Supreme Court · 1870
- Fogg v. PriceMassachusetts Supreme Judicial Court · 1888
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3Cited by107 opinions
- Armstrong Paint & Varnish Works v. Continental Can Co.Illinois Supreme Court · 1921
- Keogh v. PeckIllinois Supreme Court · 1925
- Hartford Accident & Indemnity Co. v. HoodSupreme Court of North Carolina · 1946
- Welsh v. JakstasIllinois Supreme Court · 1948
- In Re Estate of FrayserIllinois Supreme Court · 1948
102 more not listed; retrieve them via the Exa API.