Parlin & Orendorff Co. v. Hutson
Illinois Supreme Court
Appeal from the Circuit Court of Franklin county; the Hon. E. E. Newlin, Judge, presiding. This is a bill in chancery filed in the Franklin circuit court by the appellee, Moses Hutson, to quiet his title to certain lands which he claims to own in that county, by setting aside a deed executed to T. I. Galloway, dated September 18,1895, alleged to be a forgery, and also to set aside certain mortgages executed by the latter based upon said forged deed; also to set aside a deed…
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Appeal from the Circuit Court of Franklin county; the Hon. E. E. Newlin, Judge, presiding. This is a bill in chancery filed in the Franklin circuit court by the appellee, Moses Hutson, to quiet his title to certain lands which he claims to own in that county, by setting aside a deed executed to T. I. Galloway, dated September 18,1895, alleged to be a forgery, and also to set aside certain mortgages executed by the latter based upon said forged deed; also to set aside a deed executed by Moses Hutson to one I. R. Spilman, alleged to have been obtained through fraud. The Parlin & Orendorff…
1Opinion of the Court
Mr. Justíce Wilkin
delivered the opinion of the court:
The first ground upon which appellant seeks to reverse the decree below is, that the chancellor erred in refusing to sustain a plea of former suit pending, and the contention is, that in a foreclosure suit against Galloway, to which Moses Hutson had been made a party, the issue as to the validity of the deed of Moses Hutson to Galloway, made in this cause, was also made there. No evidence was introduced by appellant to sustain its plea of lis pendens. On the contrary, there was introduced in evidence the order of the Appellate Court…
2Cases cited4 opinions
- Dodgson v. HendersonIllinois Supreme Court · 1885
- Galbraith v. FullertonIllinois Supreme Court · 1870
- Danforth v. SempleIllinois Supreme Court · 1874
- Silmeyer v. SchafferIllinois Supreme Court · 1871
3Cited by4 opinions
- Herald v. HardinSupreme Court of Florida · 1928
- Finley v. FelterIllinois Supreme Court · 1949
- Boulter v. Joliet National BankAppellate Court of Illinois · 1920
- Hood v. HollisterAppellate Court of Illinois · 1924