Walsh v. Wright
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon., Josiah McRoberts, Judge, presiding. Elizabeth Wright, on the 29th day of April, 1878, exhibited in the Will circuit court her bill in chancery, against Ellen McIntyre, Charles Hammond, John Gray, and Henry Prepenbrink, as sheriff, praying for the specific performance of a parol contract for the purchase of a tract of land alleged to have "been made between complainant, the purchaser, and the said Hammond and Archibald…
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Appeal from the Circuit Court of Will county; the Hon., Josiah McRoberts, Judge, presiding. Elizabeth Wright, on the 29th day of April, 1878, exhibited in the Will circuit court her bill in chancery, against Ellen McIntyre, Charles Hammond, John Gray, and Henry Prepenbrink, as sheriff, praying for the specific performance of a parol contract for the purchase of a tract of land alleged to have "been made between complainant, the purchaser, and the said Hammond and Archibald McIntyre, the ancestor of ■ the said Ellen McIntyre, and also for other relief. Subsequently an amended supplemental bill…
1Opinion of the CourtJustice Mulkey
A reversal of the decree in this case is urged on several grounds, none of which go strictly to the merits of the controversy.
It is urged, in the first place, the court erred in considering the testimony of the complainant, Elizabeth Wright, on the ground that her evidence would not have been competent as against Ellen McIntyre had she been continued as a defendant in the case, for the reason Ellen was defending as heir, and it is insisted that the witness’ competency can not be restored by dismissing the bill as to Ellen, and in support of this position the case of Alexander v. Hoffman, 70…
2Cases cited1 opinion
- Alexander v. HoffmanIllinois Supreme Court · 1873
3Cited by4 opinions
- Lang v. ParksIllinois Supreme Court · 1960
- Prussing v. JacksonAppellate Court of Illinois · 1899
- Santee v. DayAppellate Court of Illinois · 1903
- Atkinson Trust & Savings Bank v. DeReuAppellate Court of Illinois · 1949