Kennedy v. Northup
Illinois Supreme Court
This cause was heard before O. C. Skinner, Judge, at October term, 1853, of the Adams Circuit Court. On the 9th day of May, 1853, Jane C. and Sarah Kennedy filed their bill in the Adams circuit court in chancery, against Robert Weiant, Lovinia Otto, Charles Otto, Caroline Troxell, William H. Troxell, Sabina Otto, Henry Northup, Eli Ebert, and A. B. Wheeler, all of whom are non-residents except Ebert and Wheeler, and also filed affidavit of such non-residence.
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This cause was heard before O. C. Skinner, Judge, at October term, 1853, of the Adams Circuit Court. On the 9th day of May, 1853, Jane C. and Sarah Kennedy filed their bill in the Adams circuit court in chancery, against Robert Weiant, Lovinia Otto, Charles Otto, Caroline Troxell, William H. Troxell, Sabina Otto, Henry Northup, Eli Ebert, and A. B. Wheeler, all of whom are non-residents except Ebert and Wheeler, and also filed affidavit of such non-residence. Summons was duly issued, and notice given at the October term, 1853. Said bill was taken as confessed, as to all of said defendants…
1Opinion of the CourtCaton, J.
The first question which properly arises in this case, is that of jurisdiction. The bill is filed for the purpose of setting aside certain deeds held by the defendants which it is alleged were fraudulently obtained, and which remain as a cloud upon the complainants’ title. It is objected that the defendants are in possession, which enables the plaintiffs to bring ejectment, and thus contest the fraudulent deeds in a court of law, and that hence a court of equity will not assume jurisdiction to try the validity of those deeds and set them aside. In support of this position the case of The…
2Cases cited3 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Alton Marine & Fire Insurance v. BuckmasterIllinois Supreme Court · 1851
- Briggs v. FrenchU.S. Circuit Court for the District of Massachusetts · 1833
3Cited by27 opinions
- Burton v. PerryIllinois Supreme Court · 1893
- Holden v. GarrettSupreme Court of Kansas · 1879
- State v. Warner Valley Stock Co.Oregon Supreme Court · 1910
- Hallett v. AlexanderSupreme Court of Colorado · 1911
- Boynton v. HaggartCourt of Appeals for the Eighth Circuit · 1903
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