Dixon v. Buell
Illinois Supreme Court
This suit was commenced by filing account in the Probate Court. Judgment against estate for $208.40. John N. Buell, administrator of the' estate of John N. Buell, deceased, appealed to the Circuit Court. Bill of exceptions shows that a jury was waived by parties, and a trial by the court.
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This suit was commenced by filing account in the Probate Court. Judgment against estate for $208.40. John N. Buell, administrator of the' estate of John N. Buell, deceased, appealed to the Circuit Court. Bill of exceptions shows that a jury was waived by parties, and a trial by the court. On the trial, plaintiff gave in evidence a lease executed by the said John Dixon and John N. Buell, deceased, under their respective seals, dated ‘the 16th day of December, 1851, wherein the said Dixon assigns and leases to the said Buell, deceased, certain real estate therein described, for the period of…
1Opinion of the CourtWalker, J.
Even if it were conceded that this lease does contain mutual covenants, it would not follow that it is not assignable in equity. Almost every description of agreement may be transferred so as to vest in the purchaser the right to enforce it by proceedings in equity. Whilst in many cases the party may obtain complete relief by an action at law in the name of the original party for his use, yet in other cases the beneficial holder may proceed in equity in his own name to enforce the contract. Equity treats the assignee of a contract, not assignable at law, as the party in interest, and affords…
2Cited by24 opinions
- Millard v. HarrisIllinois Supreme Court · 1887
- Chapman v. American Surety Co.Illinois Supreme Court · 1914
- Wolf v. BeairdIllinois Supreme Court · 1888
- In re CorringtonIllinois Supreme Court · 1888
- Bliss v. SeamanIllinois Supreme Court · 1896
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