Bailey v. West
Illinois Supreme Court
Writ of Error to the Circuit Court of De Kalb county; the Hon. Isaac G. Wilson, Judge, presiding. This was a bill in equity, filed by Wm. B. West and Hira; Barrett, to the September Term, 1859, of the De Kalb Circuit Court, against Lydia Low, John Bailey, Wm. Bailey, Frederick W. Bailey and George Bailey. The hill alleges, that Thomas R. Green, prior to the 21st of February, 1849, had purchased and was the owner of the W. -J- S. W. qr. sec. 27, T. 40, FT. R. 5 E. 3 Prim Her.
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Writ of Error to the Circuit Court of De Kalb county; the Hon. Isaac G. Wilson, Judge, presiding. This was a bill in equity, filed by Wm. B. West and Hira; Barrett, to the September Term, 1859, of the De Kalb Circuit Court, against Lydia Low, John Bailey, Wm. Bailey, Frederick W. Bailey and George Bailey. The hill alleges, that Thomas R. Green, prior to the 21st of February, 1849, had purchased and was the owner of the W. -J- S. W. qr. sec. 27, T. 40, FT. R. 5 E. 3 Prim Her. That he on that date conveyed the same to Wm. Bailey, Jr., for $100. That Wm. Bailey, Jr., at the same time agreed with…
1Opinion of the CourtChief Justice Walker
It is insisted, that Green conveyed the land in controversy to William Bailey, Jr., to secure the purchase-money loaned by him to his father, for the purpose of making payment to Green, of whom he had purchased. The title in fee having vested in William Bailey, Jr., his wife, prima facie, became entitled to dower in the premises, and, at his death, her inchoate right became a vested interest, which she could enforce at law, but which might be defeated in equity by showing that her husband, in his life-time, only held the land in trust for his father. When the latter, or his heirs, paid the…
2Cases cited1 opinion
- Blain v. HarrisonIllinois Supreme Court · 1849
3Cited by6 opinions
- Holt v. HoltSupreme Court of Arkansas · 1883
- Chicago Dock Co. v. KinzieIllinois Supreme Court · 1868
- Gritten v. DickersonIllinois Supreme Court · 1903
- Kusch v. KuschIllinois Supreme Court · 1892
- King v. BushnellIllinois Supreme Court · 1887
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