Welch v. Dutton
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action, commenced .bv attachment, by Fletcher G. Welch, against Harriet M. Dutton, Lucil E. Wright and Mary D. Willner, to recover back $1000 paid on a contract for the purchase of certain real estate in the city of Chicago.
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Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action, commenced .bv attachment, by Fletcher G. Welch, against Harriet M. Dutton, Lucil E. Wright and Mary D. Willner, to recover back $1000 paid on a contract for the purchase of certain real estate in the city of Chicago. The written contract provided that one-fourth of the price,' including the cash payment of $1000, should be paid on or before April 12,1872, and that the defendants should “furnish abstract of said property, and if the said abstract shows good title, then the said Welch is…
1Opinion of the CourtJustice Sheldon
delivered- the opinion of the Court:
The main objection taken to the title exhibited in this case is, that, as Giles Williams conveyed only by quit-claim deed to Parker, Adams and Stearns, under whom appellees claim, on June 15, 1839, and Williams himself subsequently acquired the patent title on June 21, 1839, such grantees obtained no title to the land; that the title secured by the subsequent patent to Giles Williams did not inure to his said grantees in the quit-claim deed.
The land in question was originally school land, and is in the School Section addition to Chicago, being a portion of…
2Cases cited3 opinions
- Landes v. BrantSupreme Court of the United States · 1851
- Ross v. Doe on the Demise of BarlandSupreme Court of the United States · 1828
- Lessee of French and Wife v. SpencerSupreme Court of the United States · 1859
3Cited by9 opinions
- Sutherland v. GoodnowIllinois Supreme Court · 1884
- Arthur v. CoyneSupreme Court of Oklahoma · 1912
- Chicago, Burlington & Quincy Railroad v. ChamberlainIllinois Supreme Court · 1876
- Scott v. StoneSupreme Court of Kansas · 1906
- Batcheller v. BesanconCourt of Appeals of Texas · 1898
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