Clay v. Hammond
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This is a bill, filed in the superior court of Cook county on December 14, 1901, by the appellee, Herbert Hammond, against John Clay, Jr., one of the appellants, and his wife, Euphemia F. Clay, William H. Forrest, Frank H. Connor, and his wife, Evelyn B. Connor,Thomas Donohue, and the appellant, John Parry, Parry and Donohue being tenants occupying the premises under John Clay, Jr. The…
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Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This is a bill, filed in the superior court of Cook county on December 14, 1901, by the appellee, Herbert Hammond, against John Clay, Jr., one of the appellants, and his wife, Euphemia F. Clay, William H. Forrest, Frank H. Connor, and his wife, Evelyn B. Connor,Thomas Donohue, and the appellant, John Parry, Parry and Donohue being tenants occupying the premises under John Clay, Jr. The bill alleged that appellee was the owner in fee simple of a certain lot, known as 3946 Lake avenue in Chicago, and…
1Opinion of the CourtChief Justice Magruder
First—It is claimed, on the part of the appellants, that the bill, filed in this case, is a bill to remove a cloud upon title, and that, inasmuch as appellee, the complainant below, was not in possession of the premises when the bill was filed, and the same were not vacant or unoccupied at that time, a court of chancery had no jurisdiction to entertain the bill, and grant relief in accordance with the prayer of the same.
The facts show, that the appellant, Clay, and his tenants, were in possession of the premises when the bill was filed. This court has held in many cases that a party can only…
2Cases cited8 opinions
- Sarah v. ReadIllinois Supreme Court · 1882
- Langdon v. PeopleIllinois Supreme Court · 1890
- Kennedy v. NorthupIllinois Supreme Court · 1853
- Booth v. WileyIllinois Supreme Court · 1881
- Gage v. AbbottIllinois Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Blake v. BlakeIllinois Supreme Court · 1913
- McClure Realty & Investment Co. v. EubanksSupreme Court of Georgia · 1921
- Clarke v. AldridgeSupreme Court of North Carolina · 1913
- Reina v. ErassarretCalifornia Court of Appeal · 1949
- Bowman v. Illinois Central RailroadAppellate Court of Illinois · 1956
5 more not listed; retrieve them via the Exa API.