Boynton v. Champlin
Illinois Supreme Court
Appeal from the Circuit Court of De Kalb county; the Hon. T. D. Mubphy, Judge, presiding. This was a suit in chancery instituted in the court below by Horace S. Champlin against Charles 0. Boynton, Morris Walrod, Robert H. Walrod, Benjamin Page and James S. Waterman, to enforce a vendor’s lien, claimed by the complainant, upon the north half of the south-west quarter of section twenty, in township forty, north of range five, east of the third principal meridian, situate in…
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Appeal from the Circuit Court of De Kalb county; the Hon. T. D. Mubphy, Judge, presiding. This was a suit in chancery instituted in the court below by Horace S. Champlin against Charles 0. Boynton, Morris Walrod, Robert H. Walrod, Benjamin Page and James S. Waterman, to enforce a vendor’s lien, claimed by the complainant, upon the north half of the south-west quarter of section twenty, in township forty, north of range five, east of the third principal meridian, situate in De Kalb county. It appears, that, on the 31st of March, 1857, the complainant, Champlin, sold the premises to Morris W…
1Opinion of the CourtJustice Breese
The only important question made upon this record is, was George Walrod’s acceptance of the bill drawn on him by Morris Walrod in payment of this land, a waiver of appellee’s lien as vendor of the land %
This court took occasion to say in the case of Conover v. Warren, 1 Gilm. 498, that these equitable liens on real estate are generally unknown to the world, and frequently operate injuriously on the rights of creditors and purchasers, and ought not to be enforced but in cases where the right is clearly and distinctly made out. And in the case of The Trustees of Schools v. Wright, 11 Ill. 603,…
2Cases cited2 opinions
- Richards v. LeamimgIllinois Supreme Court · 1862
- Trustees of Schools v. WrightIllinois Supreme Court · 1850
3Cited by5 opinions
- Koch v. RothIllinois Supreme Court · 1894
- Loomis v. Davenport & St. P. R. Co.United States Circuit Court · 1882
- Andrus v. ColemanIllinois Supreme Court · 1876
- Kendrick v. EgglestonSupreme Court of Iowa · 1881
- Pickrel v. DoubetAppellate Court of Illinois · 1926