Stone v. Smoot
Illinois Supreme Court
Writ or Error to the Circuit Court of Henard county; the Hon. James Harriott, Judge, presiding. This was a suit in chancery instituted in the court below by Willis Stone against Coleman Smoot, for the purpose of enjoining the further prosecution of an action of ejectment commenced by the latter against the former. - - ' The defendant answered the bill, a replication was filed, and, on the hearing, the bill was dismissed and' á decree entered requiring the complainant to…
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Writ or Error to the Circuit Court of Henard county; the Hon. James Harriott, Judge, presiding. This was a suit in chancery instituted in the court below by Willis Stone against Coleman Smoot, for the purpose of enjoining the further prosecution of an action of ejectment commenced by the latter against the former. - - ' The defendant answered the bill, a replication was filed, and, on the hearing, the bill was dismissed and' á decree entered requiring the complainant to surrender the premises to the defendant. The complainant thereupon sued out this writ of error.
1Opinion of the CourtChief Justice Walker
It appears from the pleadings and evidence in this case that the land in controversy was sold by Baker to plaintiff in error on the fifth day of May, 1857; and a bond was given for a conveyance, on the payment of the purchase-money. The consideration for the sale of the land was three thousand dollars, of which sum two thousand two hundred and three dollars was paid at the time; and the remainder was to be paid in two equal installments; one on the 25th of December, 1858, and the other on the 25th of December, 1859. The remaining portion of the purchase-money was paid, and Baker executed a…
2Cited by4 opinions
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