Smith v. Weight
Illinois Supreme Court
Wkit of Ebbob to the Superior Court of Chicago. This was a bill in chancery in the Superior Court of Chicago, exhibited by William Smith against Suel Wright, Patrick Rourk, James M. Adsit, and the Trustees of Schools of township 24, north range 6 in Grundy county.
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Wkit of Ebbob to the Superior Court of Chicago. This was a bill in chancery in the Superior Court of Chicago, exhibited by William Smith against Suel Wright, Patrick Rourk, James M. Adsit, and the Trustees of Schools of township 24, north range 6 in Grundy county. The bill alleges, that one Lewis P. Holmes had a discharge from the army, having been enlisted as a soldier therein, and was entitled, by act of congress, to a bounty in land, and having his discharge in his possession, he applied to Adsit to procure for him his land warrant from Washington; that Adsit undertook the service, and…
1Opinion of the CourtChief Justice Breese
The facts stated in the bill are fully proved by Holmes, a prominent actor in them, and as his testimony is not contradicted by any evidence, we do not see how the court could-have avoided decreeing in his favor. His statement is a very plain and a very natural one, and is in no way weakened by any established fact in the cause, and it must be regarded as the true version of the transaction, and Adsitmustbe adjudged the trustee of the land, holding for Holmes’ benefit, and that of his heirs or assigns. Complainant is his assignee by deed duly executed and recorded.
As to the other defendants,…
2Cases cited2 opinions
- Lear v. ChouteauIllinois Supreme Court · 1859
- Whitney v. RobertsIllinois Supreme Court · 1859
3Cited by9 opinions
- Doner v. Phoenix Joint Stock Land Bank of Kansas CityIllinois Supreme Court · 1942
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Weaver v. FisherIllinois Supreme Court · 1884
- Grand Trunk Western R. v. Chicago & Western Indiana R.Court of Appeals for the Seventh Circuit · 1942
- Pattiz v. SempleDistrict Court, E.D. Illinois · 1926
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