Legal Opinion

Cowen v. Loomis

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 4 opinions

Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was an action of ejectment, brought by Edgar Loomis, against William Cowen, for the recovery of the possession of lot 17, in the subdivision of the west half of block 90 of Canal Trustees’ Subdivision of the west half of section 27, township 39, range 14, Cook county.

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Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was an action of ejectment, brought by Edgar Loomis, against William Cowen, for the recovery of the possession of lot 17, in the subdivision of the west half of block 90 of Canal Trustees’ Subdivision of the west half of section 27, township 39, range 14, Cook county. On the 23d day of May, 1856, Winchester Hall purchased of Enos Ayers and J. G. Hamilton block 90, including the lot in-controversy, for $26,000, paying down $6500, and giving his six promissory notes, two of which were for $3835 each,…

1Opinion of the CourtChief Justice Craig

This case stands upon a different footing from that of Bush et al. v. Sherman, 80 Ill. 160. In that case neither Smith nor his grantee was seeking to enforce the contract óf March 23, 1857, under which the mortgagees, Ayers and Hamilton, agreed, upon certain conditions, to release the west half of block 90, while here, appellant claims title under a contract of purchase made with Smith. In the decision of the case' supra it is said: “ It is a misconception of the meaning of the agreement to suppose that Hall, by reason of the reconveyance of the property to him by Smith, obtained it with the…

2Cases cited1 opinion

  1. Bush v. ShermanIllinois Supreme Court · 1875

3Cited by4 opinions

  1. Hastings & Heyden Realty Co. v. GestSupreme Court of Colorado · 1921
  2. Scott v. SmithOregon Supreme Court · 1911
  3. Loomis v. CowenIllinois Supreme Court · 1883
  4. Loomis v. CowenIllinois Supreme Court · 1883

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