Entwhistle v. Henke
Appellate Court of Illinois
Proceeding to enjoin, among other things, the dispossession of complainant from certain mine property. Appeal from the Circuit Court of Jo Daviess County; the Hon, James S. Baume, Judge, presiding. Heard in this court at the October term, 1908.
1Opinion of the CourtJustice Dibell
The subject-matter of this controversy is a vein of lead ore running into lands once owned by Anna C. Henke and now by Mary K. DeVry, which lands complainant asserts the right to enter and to take and remove said vein of ore, subject only to the duty to deliver a certain share thereof to the owner as a royalty. This is an interest in lands, and by the Statute of Frauds (which is duly set up by defendants in their answer) all contracts concerning it are required to be in'writing in order to bind the parties. Lear v. Choteau, 23 Ill. 39. Woodward v. Seely, 11 Ill. 157, was a bill in equity to…
2Cases cited13 opinions
- Woodward v. SeelyIllinois Supreme Court · 1849
- Crosdale v. . LaniganNew York Court of Appeals · 1892
- Village of Dwight v. HayesIllinois Supreme Court · 1894
- St. Louis National Stock Yards v. Wiggins Ferry Co.Illinois Supreme Court · 1884
- Bissell v. RyanIllinois Supreme Court · 1860
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Streator Independent Telephone & Telegraph Co. v. Interstate Independent Telephone & Telegraph Co.Appellate Court of Illinois · 1908