Evans v. Moore
Illinois Supreme Court
Appeal from the Circuit Court of Lee county; the Hon. Oscar E. Heard, Judge, presiding. This is a bill in. equity by appellee, Samuel T. Evans, as complainant, against appellants, who are executors, heirs and devisees of John H. Moore, deceased, to require them to account for, convey and assign to complainant certain real estate in the city of Dixon, Illinois, and certain personal property which in his lifetime belonged to David L. Evans, uncle of complainant, and was by…
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Appeal from the Circuit Court of Lee county; the Hon. Oscar E. Heard, Judge, presiding. This is a bill in. equity by appellee, Samuel T. Evans, as complainant, against appellants, who are executors, heirs and devisees of John H. Moore, deceased, to require them to account for, convey and assign to complainant certain real estate in the city of Dixon, Illinois, and certain personal property which in his lifetime belonged to David L. Evans, uncle of complainant, and was by said David L-Evans devised by last will and testament to John H. Moore, deceased, who left a last will and testament…
1Opinion of the CourtJustice Farmer
The bill in this case proceeds upon two theories recognized by both parties in their briefs: (1) That John H. Moore was the trustee of a constructive trust arising out of the facts and circumstances under which he obtained "title to the property in controversy; (2) that David 11 Evans made a valid and binding • contract with complainant to leave him his property, and that complainant is entitled to the enforcement of the performance of that contract against the devisees of John H. Moore.
First—On the first ground mentioned we do not think the evidence would warrant the relief prayed by…
2Cases cited8 opinions
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- Reynolds v. SumnerIllinois Supreme Court · 1888
- Lantry v. LantryIllinois Supreme Court · 1869
- Whiton v. WhitonIllinois Supreme Court · 1899
- Board of Supervisors v. Winnebago Swamp Drainage Co.Illinois Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Matchett v. RoseAppellate Court of Illinois · 1976
- Stenwall v. BergstromIllinois Supreme Court · 1947
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Totten v. TottenIllinois Supreme Court · 1920
- Carpenter v. WrightTennessee Supreme Court · 1929
13 more not listed; retrieve them via the Exa API.