Blue v. Blue
Illinois Supreme Court
Appeal from the Circuit Court of Woodford County; the Hon. Samuel L. Richmond, Judge, presiding. This was a suit in chancery instituted in the Circuit Court of Peoria County, by Liney Blue against Cyrus H. Blue, Washington Wakefield and William R. Phelps, and after-wards, the cause was removed into the Circuit Court of Wood-ford County, on change of venue.
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Appeal from the Circuit Court of Woodford County; the Hon. Samuel L. Richmond, Judge, presiding. This was a suit in chancery instituted in the Circuit Court of Peoria County, by Liney Blue against Cyrus H. Blue, Washington Wakefield and William R. Phelps, and after-wards, the cause was removed into the Circuit Court of Wood-ford County, on change of venue. The facts of the case, as developed in the pleadings and evidence, appear to be as follows : On the 26th day of January, 1854, William R. Phelps entered into a contract with Cyrus H. Blue, whereby Phelps sold to Blue the S. 1ST. W. of…
1Opinion of the CourtChief Justice Walker
The question of alimony had been settled, and each party had assigned to them portions of the property, to hold in severalty. Neither had any claim to that held by the other. It is true that the portion held by Blue was charged with all of the incumbrances upon the whole of that tract. This imposed the obligation upon him to remove the incumbrance upon the portion assigned to appellant. Nor could he escape that liability by having it conveyed to any other person. Nor did Wakefield acquire any lien upon the property by simply having the conveyance made to him, as there does not appear to be…
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