Blunt v. Tomlin
Illinois Supreme Court
Plaintiff filed a bill in Mason Circuit Court, May, 1856, to enjoin Tomlin and Hillyard from ejecting plaintiff from land described in bill, and for specific performance of an oral contract.
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Plaintiff filed a bill in Mason Circuit Court, May, 1856, to enjoin Tomlin and Hillyard from ejecting plaintiff from land described in bill, and for specific performance of an oral contract. The bill alleges, that in the fall of 1851, plaintiff purchased of Samuel Blunt land described therein; paid part of the purchase money; took possession under and by virtue of the contract, by actual occupancy with his family, erected dwelling-house, fenced and broke eighty acres, and made other valuable improvements. That the land and improvements are worth over $2,000. That complainant was to pay $3 per…
1Opinion of the CourtCaton, C. J.
We have rarely considered a case addressing itself stronger to the equitable consideration of the court, than this. The case made by the bill, is either admitted by the answers, or is proved by an overwhelming preponderance of the testimony. Indeed the whole case is admitted, except as to the time of payment, and the price of the prairie land. Upon the former point, the bill is sustained by the testimony of one witness, who heard the bargain made, and three or four other witnesses, who testify to the admissions of.the defendant, and one witness only, testifies to the admissions of the…
2Cited by6 opinions
- McNamara v. GarrityIllinois Supreme Court · 1883
- Clark v. AndrewCourt of Appeals for the Fifth Circuit · 1926
- Comstock v. LagerMissouri Court of Appeals · 1899
- Binford v. SteeleSupreme Court of North Carolina · 1913
- Binford v. . SteeleSupreme Court of North Carolina · 1913
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