Kelly v. Trumble
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. W. W. Heaton, Judge, presiding. This was a hill in chancery, by Michael B.. Kelly, against Thomas W. Trumble, to remove a cloud from the title to lands therein named, created by certain tax deeds, and for the cancellation of a certain bond given by the defendant to the complainant for a deed to the same land. The defendant filed a cross-bill for the specific performance of the contract of sale.
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Appeal from the Circuit Court of Whiteside county; the Hon. W. W. Heaton, Judge, presiding. This was a hill in chancery, by Michael B.. Kelly, against Thomas W. Trumble, to remove a cloud from the title to lands therein named, created by certain tax deeds, and for the cancellation of a certain bond given by the defendant to the complainant for a deed to the same land. The defendant filed a cross-bill for the specific performance of the contract of sale. On the hearing the court dismissed the original bill, and gave the relief sought in the cross-bill.
1Per curiam
The bond offered in evidence by appellant was properly excluded by the court. As executed by the parties, there was no provision authorizing appellant to have the present possession of the land. If the law would have supplied the words added by appellant, the alteration would have been immaterial, and it would not have affected the validity of the bond. But a contract for the future conveyance of land does not, of itself, necessarily imply that the present possession shall pass. It may pass by the express terms of such a contract, but in the absence of appropriate language to indicate such…
2Cases cited1 opinion
- Hunter v. BilyeuIllinois Supreme Court · 1863
3Cited by7 opinions
- Koch v. StreuterIllinois Supreme Court · 1905
- Landt v. McCulloughIllinois Supreme Court · 1903
- Merritt v. DeweyIllinois Supreme Court · 1905
- Schuline v. PelzerAppellate Court of Illinois · 1971
- Froyd v. SchultzIllinois Supreme Court · 1913
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