Leake v. Brown
Illinois Supreme Court
Writ of Error to the Circuit Court of Lee county; the Hon. W. W. Heaton, Judge, presiding. The facts in this case, are fully stated in the opinion.
1Opinion of the CourtJustice Breese
delivered the .opinion of the Court:
This was an action of indebitatus assumpsit, brought by Grace Brown against John Leake, to the Circuit Court of Lee county, for an interest in certain lands sold and conveyed by the plaintiff to the defendant at his instance and request.
The general issue was pleaded and three special pleas, to which there was a demurrer, which the court sustained. We may remark here, these special pleas should have been stricken from the files on motion, or by the court sua sponte, as they had nothing to do with the case made by the declaration.
A trial was had on the…
2Cases cited2 opinions
- Smalley v. EdeyIllinois Supreme Court · 1857
- Miller v. LumsdenIllinois Supreme Court · 1854
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- Wollenberger v. HooverIllinois Supreme Court · 1931
- Dille v. WhiteSupreme Court of Iowa · 1906
- Beach v. HuntsmanIndiana Court of Appeals · 1908
- 5 Mining Co. v. BruceSupreme Court of Colorado · 1878
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