Doan, King & Co. v. Mauzey
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. . This was a suit in chancery instituted in the court below, on the 1st day of October, 1859, by Henry G. Mauzey against Doan, King & Co., and others. It- is stated in the bill that on the 6th of January, 1854, Mauzey, the complainant, was indebted to Doan, King & Co., in the sum of- $2,483.87, on two promissory notes.
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Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. . This was a suit in chancery instituted in the court below, on the 1st day of October, 1859, by Henry G. Mauzey against Doan, King & Co., and others. It- is stated in the bill that on the 6th of January, 1854, Mauzey, the complainant, was indebted to Doan, King & Co., in the sum of- $2,483.87, on two promissory notes. That Mauzey then owned a building, situate on a lot in the city of Quincy, which he held by lease from John W. McFadden, running twenty years from April 1st, 1839, at the annual rent of…
1Opinion of the CourtJustice Brbese
•It is very manifest from the proofs in this case, that the appellee knew, when he filed his bill for a specific performance, that the appellants had disabled themselves from performing the contract to convey, if one existed. He knew the contract he took from Stephens & Wagley was not recorded, and had no reason to believe the purchasers from his grantors, the appellants, had any notice whatever of his alleged equities. The object of the bill, then, was not for a specific performance, but was for the purpose of obtaining compensation in damages for the non-performance of the alleged contract…
2Cases cited2 opinions
- Lewis v. YaleSupreme Court of Florida · 1852
- Kempshall v. StoneNew York Court of Chancery · 1821
3Cited by11 opinions
- Sellers v. GreerIllinois Supreme Court · 1898
- Childs v. ReedIdaho Supreme Court · 1921
- Stickney v. GoudyIllinois Supreme Court · 1890
- Dow v. McVeySupreme Court of Iowa · 1916
- Farson v. FoggIllinois Supreme Court · 1903
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