Anderson v. Frye
Illinois Supreme Court
Appellee, at the May term of the Calhoun Circuit Court, filed his bill in equity, against appellant, stating that on 9th June, 1851, he executed to appellant a penal bond for $200 conditioned that appellee or Mrs. Mary M. L. Miller, should, upon payment by appellant of $50, on or before 1st November, 1851, and $50 on or before 9th June, 1852, with six per cent, interest from date, convey and assure to appellant, by good and sufficient quit-claim deed, the northwest 10, town…
Read the full summary
Appellee, at the May term of the Calhoun Circuit Court, filed his bill in equity, against appellant, stating that on 9th June, 1851, he executed to appellant a penal bond for $200 conditioned that appellee or Mrs. Mary M. L. Miller, should, upon payment by appellant of $50, on or before 1st November, 1851, and $50 on or before 9th June, 1852, with six per cent, interest from date, convey and assure to appellant, by good and sufficient quit-claim deed, the northwest 10, town 10 S., R. 2 W; then the bond to be void, etc. Also, an agreement that if appellant fails to pay at times agreed on, he…
1Opinion of the CourtScates, C. J.
Frye obtained a decree enjoining Anderson from proceeding at law to recover back the purchase money-paid by him for a certain tract of land. The question arises upon a demurrer to the bill for an injunction. The bill shows that defendant sold plaintiff the land in June, 1S51, for one hundred dollars; half to be paid in November following, and the balance in June, 1852, under penalty of forfeiting a quarter section of land for a failure, although the money was to be paid with interest, from date of • contract, until paid. The money was paid. This bill is filed in May, 1855, to enjoin…
2Cited by4 opinions
- Wendover v. BakerSupreme Court of Missouri · 1894
- Walker v. RayIllinois Supreme Court · 1884
- Bothwell v. SchmidtIllinois Supreme Court · 1911
- Hernreich v. LidbergAppellate Court of Illinois · 1903