Legal Opinion

Owens v. Ranstead

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 71 opinions

The pleadings and facts in this case are fully stated in the opinion of the court. The decree of the Circuit Court was rendered by I. GL Wilson, Judge, at May term, 1858, of the Kane Circuit Court.

1Opinion of the CourtBreese, J.

The power of a court of chancery to afford relief, in a case like this, properly made out, cannot be questioned, but it must appear to the court that the party complaining has been guilty of no laches on his part, and that he has been deprived of the opportunity of asserting his rights or making his defense through some accident, fraud or mistake, not of his own procurement, and, to which he was not a willing party, for a party has no claim to come into a court of equity to ask to be saved from his own culpable misconduct.

It is well settled, as a general rule, that equity will not relieve…

2Cases cited2 opinions

  1. Starbuck v. MurrayNew York Supreme Court · 1830
  2. Aldrich v. KinneySupreme Court of Connecticut · 1822

3Cited by71 opinions

  1. Cramer v. Illinois Commercial Men's Ass'nIllinois Supreme Court · 1913
  2. Chapman v. North American Life InsuranceIllinois Supreme Court · 1920
  3. The People v. CallopyIllinois Supreme Court · 1934
  4. Zimek v. Illinois National Casualty Co.Illinois Supreme Court · 1939
  5. Janove v. BaconIllinois Supreme Court · 1955

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