Legal Opinion

Reed v. Kemp

Illinois Supreme Court

Decided June 15, 1855PublishedCited by 22 opinions

On the 23rd of December, 1852, Edward D. Kemp filed a bill against John G. Reed, for a specific performance of the following contract: “Know all Men by these Presents, That I, J. G. Reed, for and in consideration of the sum of sixty-five dollars, to me in hand paid by E. D. Kemp, do bind myself, my heirs and administrators by these presents, unto Edward D. Kemp, his heirs or assigns, or administrators, in the penal sum of five hundred dollars, to make and deliver unto said…

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On the 23rd of December, 1852, Edward D. Kemp filed a bill against John G. Reed, for a specific performance of the following contract: “Know all Men by these Presents, That I, J. G. Reed, for and in consideration of the sum of sixty-five dollars, to me in hand paid by E. D. Kemp, do bind myself, my heirs and administrators by these presents, unto Edward D. Kemp, his heirs or assigns, or administrators, in the penal sum of five hundred dollars, to make and deliver unto said Kemp a good and sufficient deed of the east half of the south-west quarter of section twenty-four, township sixteen…

1Opinion of the Court

Scates, 0. J.

Five questions have been presented and pressed upon our attention, in the argument of this cause

First, That cross-bills have been filed and have not been answered ; Second ,The execution of the bond by Reed; Third, The alteration of the bond by Kemp; Fourth, Recording of the bond as notice; and Fifth, Subsequent purchases, without notice. Upon all these points, our opinion is with the defendant.

Revised Statutes of 1845, p. 96, secs. 24 to 29, prescribo that defendant may, after answer to the bill, file cross-bills, and thereupon, like rules for answers thereto, may be taken, and…

2Cases cited1 opinion

  1. Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810

3Cited by22 opinions

  1. Stebbins v. DuncanSupreme Court of the United States · 1883
  2. Willoughby v. LawrenceIllinois Supreme Court · 1886
  3. Catlin Coal Co. v. LloydIllinois Supreme Court · 1899
  4. Boyden v. ReedIllinois Supreme Court · 1870
  5. Purdy v. HensleeIllinois Supreme Court · 1881

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