Legal Opinion

Wallace v. McLaughlin

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 11 opinions

Writ of Error to the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. This was. a suit in equity, brought by Thomas Wallace, in the Will circuit court, against Dudley McLaughlin, for the purpose of enjoining the further prosecution of a suit in ejectment in that court, for the recovery of a certain tract of land sold by the latter to the former.

1Opinion of the CourtJustice Sheldon

This was a suit in equity, to perpetually enjoin the defendant from the prosecution of an ejectment suit against the complainant, and from interfering with his possession in a certain eighty acres of land in Will county.

On the 30th day of December, 1856, the parties entered into a contract under seal, whereby McLaughlin agreed* that if Wallace should first malee the payments stipulated, he would convey to him the land, clear of all incumbrances whatever, by a good and sufficient warranty deed, in fee simple; and Wallace agreed to pay $1000, as follows : $50 cash in hand; $300 April 1, 1857;…

2Cases cited3 opinions

  1. Murphy v. LockwoodIllinois Supreme Court · 1859
  2. Bishop v. NewtonIllinois Supreme Court · 1858
  3. Gehr v. HagermanIllinois Supreme Court · 1861

3Cited by11 opinions

  1. Morse v. SeiboldIllinois Supreme Court · 1893
  2. Wells v. PageOregon Supreme Court · 1905
  3. Kimball v. TookeIllinois Supreme Court · 1873
  4. Higgins v. KenneySupreme Court of Georgia · 1925
  5. Murphin v. ScovellSupreme Court of Minnesota · 1889

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