Mason v. Bair
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. H. K. S. O’Melveney, Judge, presiding. This was a suit in chancery instituted in the court below, in 1861, by Jacob M. Bair against John S. Mason, Charles B. Mason, George M. Close, Richard C. Petitt and Mary W. Petitt, his wife, as heirs-at-law of George H. Mason, deceased, to enforce the specific performance of a contract entered into by the said George H. Mason, in his lifetime, for the conveyance of a certain…
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Appeal from the Circuit Court of Randolph county; the Hon. H. K. S. O’Melveney, Judge, presiding. This was a suit in chancery instituted in the court below, in 1861, by Jacob M. Bair against John S. Mason, Charles B. Mason, George M. Close, Richard C. Petitt and Mary W. Petitt, his wife, as heirs-at-law of George H. Mason, deceased, to enforce the specific performance of a contract entered into by the said George H. Mason, in his lifetime, for the conveyance of a certain tract of land to the complainant. It appears from the allegations in the bill, that prior to the year 1844, George H. Mason…
1Opinion of the CourtChief Justice Walker
delivered the opinion of .the Court:
The first assignment of error on this record questions the correctness of the order requiring the defendants to answer the bill. A demurrer had been filed to the bill, and sustained to so much of it as made R. C. and Mary Petitt defendants, and the bill was dismissed as to them. By the same order, the other defendants were required to answer by the first day of the next succeeding July. The specific grounds of demurrer were, a want of equity apparent on the face of the bill; that it was multifarious, and that the Petitts were improper parties. The order…
2Cases cited2 opinions
- Propst v. MeadowsIllinois Supreme Court · 1851
- Stone v. WoodIllinois Supreme Court · 1854
3Cited by17 opinions
- Schlink v. MaxtonIllinois Supreme Court · 1894
- Bauer Grocer Co. v. ZelleIllinois Supreme Court · 1898
- Warner v. HaleIllinois Supreme Court · 1872
- Booth v. WileyIllinois Supreme Court · 1881
- Koch v. RothIllinois Supreme Court · 1894
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