Forbes v. Hall
Illinois Supreme Court
Writ of Error to the Circuit Court of McLean county; Hon. Jhon M. Scott, Judge, presiding. The facts of the case presented by the record are briefly these: On the 26th of September, 1853, the south half of the northeast quarter of section five, town. 22 FT., R. 6, in the county of McLean, was the property of the United States, known as “ congress land,” and subject to entry at the United States land office in Danville.
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Writ of Error to the Circuit Court of McLean county; Hon. Jhon M. Scott, Judge, presiding. The facts of the case presented by the record are briefly these: On the 26th of September, 1853, the south half of the northeast quarter of section five, town. 22 FT., R. 6, in the county of McLean, was the property of the United States, known as “ congress land,” and subject to entry at the United States land office in Danville. On that day George Cheeny entered and paid for this tract of land at the land office, and on the twenty-fourth of March, 1854, conveyed it to Hall, the defendant in error. Hall…
1Opinion of the CourtJustice Breese
The counsel for the plaintiff in error have argued this ease as though it was an attempt to establish a resulting trust. ¡Nothing of that kind is claimed. The question is, has Hall the superior equity as against the legal title ? If he has, then it was the duty of the court to_ regard Forbes as the trustee of that title for the benefit of Hall, and to decree it out of him for Hall’s benefit.
The facts are uncontroverted. Forbes knew of the entry by Cheeny, in fact, he paid Cheeny’s money into the land office for the land, and took the receipt in Cheeny’s name. This entry was never abandoned,…
2Cited by1 opinion
- Aldrich v. AldrichIllinois Supreme Court · 1865