Legal Opinion

White v. White

Illinois Supreme Court

Decided December 17, 1907PublishedCited by 5 opinions

Appeal from the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is a bill in chancery brought by John M. White, Jr., against Rebecca H. White for the specific performance of an oral contract for the conveyance of a farm in Piatt county. The circuit court sustained the bill and entered a decree for a conveyance. Rebecca H. White has appealed to this court from that decree.

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Appeal from the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is a bill in chancery brought by John M. White, Jr., against Rebecca H. White for the specific performance of an oral contract for the conveyance of a farm in Piatt county. The circuit court sustained the bill and entered a decree for a conveyance. Rebecca H. White has appealed to this court from that decree. Prior to 1893 John M. White, Sr., father of appellee and husband of appellant, was the owner of the farm in question, consisting of about 175 acres, near Monticello, Illinois. He Jiad three…

1Opinion of the CourtJustice Vickers

Only three questions require consideration in this case: (1) Was appellee a competent witness to testify in his own behalf? (2) Was a contract made between appellee and his father by which the father agreed that appellee was to have the home farm? (3) If such agreement was made, has the appellee shown such part performance thereof as will take such contract out of the operation of the Statute of Frauds?

First—It is contended by appellant that appellee was an incompetent witness to testify to the existence of the contract with his father, and the cases of Cassel v. Cassel, 104 Ill. 361, and…

2Cases cited3 opinions

  1. Goelz v. GoelzIllinois Supreme Court · 1895
  2. Cassel v. CasselIllinois Supreme Court · 1882
  3. Ramsey v. ListonIllinois Supreme Court · 1860

3Cited by5 opinions

  1. Wurth v. HosmannIllinois Supreme Court · 1951
  2. Camp v. CommissionerUnited States Board of Tax Appeals · 1930
  3. White v. WhiteIllinois Supreme Court · 1909
  4. Harlan v. HarlanIllinois Supreme Court · 1916
  5. Camp v. CommissionerUnited States Board of Tax Appeals · 1930

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