Whitney v. Mayo
Illinois Supreme Court
The bill recites that J. W. Whitney, in 1839, was seized in fee of lot 1, on block 8, Wheelock’s addition to Quincy. “ That on the 18th of April, 1839, for the consideration of §100 contributed by the Roman Catholic church and congregation of Quincy, and paid to him, conveyed the north 100 feet wide of said lot to the- right reverend Joseph Rosati, Roman Catholic bishop of the diocese of St. Louis, and his successors in said diocese, for ever, for the use and accommodation…
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The bill recites that J. W. Whitney, in 1839, was seized in fee of lot 1, on block 8, Wheelock’s addition to Quincy. “ That on the 18th of April, 1839, for the consideration of §100 contributed by the Roman Catholic church and congregation of Quincy, and paid to him, conveyed the north 100 feet wide of said lot to the- right reverend Joseph Rosati, Roman Catholic bishop of the diocese of St. Louis, and his successors in said diocese, for ever, for the use and accommodation of a Roman Catholic church or congregation in said Quincy, as a piece of ground on which to erect a church, in which is…
1Opinion of the CourtScates, J.
Several important questions raised and discussed, need not be decided, upon the record as now presented, under the view taken by the court. They are of opinion that all the proper parties are not before them. The following facts set forth in the bill, to which a demurrer was sustained, will clearly show the propriety of dismissing the bill. In 1839 and 1841, a Roman Catholic congregation of Christians, composed of J. W. Whitney and some three hundred others, communicants, as members, and F. Derwin, as officiating priest or pastor of the congregation associating together, unincorporated, for…
2Cited by10 opinions
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- Jackson v. NorrisIllinois Supreme Court · 1874
- Roby v. South Park CommissionersIllinois Supreme Court · 1911
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