Oswald v. Nehls
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is a bill for the specific performance of a contract, filed in the superior court of Cook county by Metha Oswald against certain persons who had succeeded to the possession and claimed some interest in the proceeds of certain real estate which had formerly belonged to Ludwig J. Nehls.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is a bill for the specific performance of a contract, filed in the superior court of Cook county by Metha Oswald against certain persons who had succeeded to the possession and claimed some interest in the proceeds of certain real estate which had formerly belonged to Ludwig J. Nehls. Upon a hearing in open court a decree was rendered granting the prayer of the bill in so far as it applied to" the proceeds of the…
1Opinion of the CourtJustice Vickers
The rule is well established in this State that it is competent for a person owning property to make a contract to dispose of it by will in a particular way, and that such a contract, when based upon a sufficient consideration and clearly established, will be enforced in equity. (Weingaertner v. Pabst, 115 Ill. 412; Dicken v. McKinley, 163 id. 318; Whiton v. Whiton, 179 id. 32; Barrett v. Geisinger, 179 id. 240; Hudnall v. Ham, 183 id. 486.) The same rule appears to be recognized in most other jurisdictions. (See Krell v. Codman, 154 Mass. 454; 14 L. R. A. 860.) Without questioning this…
2Cases cited7 opinions
- Tunison v. ChamblinIllinois Supreme Court · 1878
- Goelz v. GoelzIllinois Supreme Court · 1895
- Lancaster v. RobertsIllinois Supreme Court · 1893
- Krell v. CodmanMassachusetts Supreme Judicial Court · 1891
- People v. Blue Mountain JoeIllinois Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ralls v. RallsCourt of Appeals of Texas · 1923
- Oles v. WilsonSupreme Court of Colorado · 1914
- Kennard v. CurranIllinois Supreme Court · 1909
- Geiger v. MerleIllinois Supreme Court · 1935
- Hunter v. DeMayAppellate Court of Illinois · 1970
21 more not listed; retrieve them via the Exa API.