Legal Opinion

Miller v. Davidson

Illinois Supreme Court

Decided December 15, 1846PublishedCited by 8 opinions

Bill in Chancery, filed by the appellee for the benefit of himself and the creditors of Jacob B. Miller, one of the appellants, in the Winnebago Circuit Court, and heard before the Hon. Thomas C. Browne, at the August term 1846, upon general and special demurrers to the bill.

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Bill in Chancery, filed by the appellee for the benefit of himself and the creditors of Jacob B. Miller, one of the appellants, in the Winnebago Circuit Court, and heard before the Hon. Thomas C. Browne, at the August term 1846, upon general and special demurrers to the bill. The several demurrers were overruled and a decree entered against the defendants below, establishing a trust in G. B. Udell, one of said defendants, and ordering him to convey the premises in controversy to S. M. Church, in trust, &c. and for costs.

1Opinion of the Court

The Opinion of the Court was delivered by

Caton, J.

This bill was filed by Davidson in behalf of himself, and such others of the creditors at large of Jacob B. Miller as might choose to come in under the proceeding, and claim the benefit of the decree against Miller and Udell. The bill states that the complainant is a creditor of Miller to the amount of $436-06, and that Miller owes large sums of money to other persons.

The bill shows that previous to the 10th of August, 1841, one Gregory had acquired a pre-emption right to a certain quarter section of land under the pre-emption law of 18383 and…

2Cases cited1 opinion

  1. Leggett v. DuboisNew York Court of Chancery · 1835

3Cited by8 opinions

  1. Brandies v. CochraneSupreme Court of the United States · 1884
  2. Kennedy v. LonabaughWyoming Supreme Court · 1911
  3. Kent v. CurtisMissouri Court of Appeals · 1877
  4. Batchelder v. AltheimerMissouri Court of Appeals · 1881
  5. McKenna v. CrowleySupreme Court of Rhode Island · 1888

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