Gregory v. Gover
Illinois Supreme Court
APPEAL PROM PEORIA. The petitioners filed tbeir petition in the Peoria Circuit Court, stating in substance: That at the May term of said court, 1838, one James P. Morris recovered judgment against William H. Savage and William J. Austen, for $4,397.47 and costs; that on 12th June, 1838, execution issued to sheriff of Peoria county, on said judgment; that on 18th day of May, 1838, Edward Tracy and Alfred Tracy recovei’ed in same court, a judgment against said Savage and…
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APPEAL PROM PEORIA. The petitioners filed tbeir petition in the Peoria Circuit Court, stating in substance: That at the May term of said court, 1838, one James P. Morris recovered judgment against William H. Savage and William J. Austen, for $4,397.47 and costs; that on 12th June, 1838, execution issued to sheriff of Peoria county, on said judgment; that on 18th day of May, 1838, Edward Tracy and Alfred Tracy recovei’ed in same court, a judgment against said Savage and Austen, for $1,308 and costs; that on 12th June, 1838, execution issued on last named judgment to sheriff of Peoria county;…
1Opinion of the Court
Catón, C. J.
We think this is a case where the equitable doctrine of a resulting trust should be applied. Morris, in an attachment proceeding, recovered a judgment against Savage and Austen for $4,397.47, and at the same term, E. & A. Tracy recovered a judgment against the same parties for $1,308. The property in controversy was sold under both judgments, and Metcalf, acting as the attorney for the plaintiffs, bid off the property, in the joint names of all the plaintiffs, in both judgments. Under our attachment law, the parties to these judgments were entitled to a pro rata distribution of…
2Cited by2 opinions
- Labadie v. HewittIllinois Supreme Court · 1877
- Hassett v. RidgelyIllinois Supreme Court · 1868