Wait v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. Appellees filed their bill in chancery, in the court below, on the 21st September, 1872, alleging that James A. Steele, being the owner of a certain 85i acre tract of land, undertook to convey the same March 1, 1853, to the Mississippi and Atlantic Railroad Company for the consideration of $2127; that, by mistake in description, a part of the right land was left out and other land…
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Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. Appellees filed their bill in chancery, in the court below, on the 21st September, 1872, alleging that James A. Steele, being the owner of a certain 85i acre tract of land, undertook to convey the same March 1, 1853, to the Mississippi and Atlantic Railroad Company for the consideration of $2127; that, by mistake in description, a part of the right land was left out and other land not intended was included—about 40 acres; that on February 20,1855, by a sealed instrument, the Mississippi and Atlantic…
1Opinion of the CourtJustice Scholfield
The evidence satisfactorily shows that there was a mistake, as alleged in the bill, in the description of the land in the deed from Steele to the Mississippi and Atlantic Railroad Company, and in the bond and deed from that company to Sanford J. Smith. William S. Wait was chargeable with knowledge that Smith intended to buy, and the Mississippi and Atlantic Railroad Company intended to convey to him, the land which it bought from Steele, and which Steele intended and attempted to convey to it. The deed from the railroad company was, in part, written by Wait, and he seems to have been an…
2Cases cited4 opinions
- Smith v. SmithIllinois Supreme Court · 1872
- Brown v. WelchIllinois Supreme Court · 1857
- Rodgers v. KavanaughIllinois Supreme Court · 1860
- Burt v. Batavia Paper Manufacturing Co.Illinois Supreme Court · 1877
3Cited by8 opinions
- First National Bank of Joliet v. AdamIllinois Supreme Court · 1891
- Turner v. NewellSupreme Court of Georgia · 1907
- Ives v. CultonCourt of Appeals of Texas · 1917
- Gwyer v. SpauldingNebraska Supreme Court · 1891
- Babcock v. WellsSupreme Court of Rhode Island · 1903
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