Legal Opinion

Barnard v. Cushman

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 11 opinions

Wbit of Ebbob to the Circuit Court of La Salle county; the Hon. Madisoh E. Hollister, Judge, presiding. This was a suit in chancery instituted by Josephine Barnard against William H. W. Cushman, to redeem from an equitable mortgage.

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Wbit of Ebbob to the Circuit Court of La Salle county; the Hon. Madisoh E. Hollister, Judge, presiding. This was a suit in chancery instituted by Josephine Barnard against William H. W. Cushman, to redeem from an equitable mortgage. It appears from the allegations in the bill, that Zelotas Barnard, being the owner of certain premises, conveyed them by deed to Cushman to secure him in certain sums which he was at the time owing him, and for the purpose of securing Cushman in certain other matters, appearing from the following agreement to reconvey: “ I will deed to Z. Barnard the house he…

1Opinion of the Court

Mr. Justtoe Beckwith

delivered the opinion of the Court:

The stating part of a bill in equity should narrate the facts and circumstances upon which the complainant seeks relief, and to sustain the bill they must be such as prima facie entitle him to the relief sought. A fundamental rule of pleading forbids all unnecessary allegations. There is no difficulty in the application of these rules to particular cases. If an allegation is one that in no manner tends to establish the complainant’s right, and is of no benefit to the defendant, no good reason requires it to be made. The complainant may…

2Cited by11 opinions

  1. Kline v. VogelSupreme Court of Missouri · 1886
  2. Taylor v. DillenburgIllinois Supreme Court · 1897
  3. Garlick v. Mutual Loan & Building Ass'nAppellate Court of Illinois · 1906
  4. Decker v. PattonAppellate Court of Illinois · 1886
  5. Koslosky v. BlochMissouri Court of Appeals · 1915

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