Legal Opinion

McCartney v. Hunt

Illinois Supreme Court

Decided December 15, 1854PublishedCited by 8 opinions

This was a bill in chancery in the court below, filed by the appellant against Hunt and others for an injunction. The bill alleges that the complainant, on the 27th day of December, A. D. 1850, purchased of Jesse Delano and the heirs of Ganet Sickles, the south-east quarter of section nineteen, township four south, range five west, fourth parallel meridian, who were the owners of said land in fee simple; that said land had been owned by said persons, previous to…

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This was a bill in chancery in the court below, filed by the appellant against Hunt and others for an injunction. The bill alleges that the complainant, on the 27th day of December, A. D. 1850, purchased of Jesse Delano and the heirs of Ganet Sickles, the south-east quarter of section nineteen, township four south, range five west, fourth parallel meridian, who were the owners of said land in fee simple; that said land had been owned by said persons, previous to complainant’s purchase, for a number of years, during the most of which time it had been vacant and unoccupied; that he had paid one…

1Opinion of the Court

Catón, J.

The bill in this suit shows that the complainant purchased the premises in question, of which the defendant, his tenant, was in possession, without title, and that the complainant prevailed upon the tenant to yield up the possession to him. The defendant then brought forcible entry and detainer to regain the possession, and in that action obtained a judgment; and this bill prays that the defendant may be enjoined from prosecuting that action further, and obtaining the possession. Upon the case made by the bill, there can be no doubt that the defendant was entitled to recover in the…

2Cited by8 opinions

  1. Thomasson v. WilsonIllinois Supreme Court · 1893
  2. Doty v. BurdickIllinois Supreme Court · 1876
  3. Harper v. SalleeIllinois Supreme Court · 1940
  4. Greeley v. SprattSupreme Court of Florida · 1883
  5. Merki v. MerkiAppellate Court of Illinois · 1904

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