Wallace v. Rappleye
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. The appellant, John Seeley Wallace, a minor, by his guardian, Thomas Lord, on April 24, 1879, filed his bill for partition of real estate, against Frank R. Wallace, in her own right and as one of the administrators of their father’s estate, and Albert P. Smith, the other administrator.
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Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. The appellant, John Seeley Wallace, a minor, by his guardian, Thomas Lord, on April 24, 1879, filed his bill for partition of real estate, against Frank R. Wallace, in her own right and as one of the administrators of their father’s estate, and Albert P. Smith, the other administrator. The property in question descended to John Seeley and Frank R. Wallace from their father, John S. Wallace, who died intestate, December 25, 1878. Frank R. Wallace answered the bill, and alleged that Cythera M. Rappleye was…
1Opinion of the CourtJustice Sheldon
The inquiries arising are, whether there is satisfactory proof of the making of the alleged contract set out in the cross-bill; if so, whether a court of equity will decree its specific performance, or what is equivalent thereto; and if this be found, whether the agreement in writing of John S. Wallace, made April 10, 1872, is not a bar to any relief as against the appellant.
The proof shows clearly enough that there was an arrangement between Wallace and Jane Slover whereby he was to take the child and support it, and bring it up in his family, and treat it as his legitimate child. But was…
2Cases cited8 opinions
- Semmes v. WorthingtonCourt of Appeals of Maryland · 1873
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Mundorff v. KilbournCourt of Appeals of Maryland · 1853
- Shearer v. WeaverSupreme Court of Iowa · 1881
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3Cited by44 opinions
- Grant v. GrantSupreme Court of Connecticut · 1893
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Hewitt v. HewittIllinois Supreme Court · 1979
- Wright v. WrightMichigan Supreme Court · 1894
- Blumenthal v. BrewerIllinois Supreme Court · 2017
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