Smith v. Brittenham
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. George W. Herdman, Judge, presiding. On the 14th day of August, 1874, Sarah J. Brittenham, the appellee, filed in the circuit court of DeWitt county the original bill in this cause, against Columbus C. Smith, the appellant, to set aside a conveyance of two hundred and thirty-seven acres of land, made by her to him, on the 12th day of January, 1869, in payment of a stock of goods sold by him to her husband, John A.…
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Appeal from the Circuit Court of DeWitt county; the Hon. George W. Herdman, Judge, presiding. On the 14th day of August, 1874, Sarah J. Brittenham, the appellee, filed in the circuit court of DeWitt county the original bill in this cause, against Columbus C. Smith, the appellant, to set aside a conveyance of two hundred and thirty-seven acres of land, made by her to him, on the 12th day of January, 1869, in payment of a stock of goods sold by him to her husband, John A. Brittenham, on the alleged ground said conveyance was obtained from her by means of fraud practiced on her by Smith, acting…
1Opinion of the CourtJustice Mulkey
There are several distinct grounds upon which the decree in this case is erroneous, and it must therefore be reversed.
It is a well recognized rule that in equity the party having the beneficial interest in the subject matter of the suit must sue in his own name for any invasion of his rights in respect thereto, although the legal title may be in another. (Frye v. Bank of Illinois, 5 Gilm. 332; Elder v. Jones, 85 Ill. 384; Moore v. School Trustees, 19 id. 83.) It is also well settled that no one, in the absence of some statute authorizing it, can maintain a suit in chancery with respect to…
2Cases cited6 opinions
- McLagan v. BrownIllinois Supreme Court · 1850
- Whitman v. FisherIllinois Supreme Court · 1874
- Horner v. ZimmermanIllinois Supreme Court · 1867
- Elder v. JonesIllinois Supreme Court · 1877
- Bartling v. BrasuhnIllinois Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Corti v. FleisherAppellate Court of Illinois · 1981
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
- Johnson v. McKinnonSupreme Court of Florida · 1907
- Burton v. EstradaAppellate Court of Illinois · 1986
- Fisher v. BurksIllinois Supreme Court · 1918
22 more not listed; retrieve them via the Exa API.