Mason v. Piggott
Illinois Supreme Court
Bill in Chancery.—Upon the 17th day of May, A. D. 1849, the complainant filed his bill in the Jersey county Circuit Court, averring, that, on the 27th day of May, 1836, he made a contract (which is made an exhibit, marked u A35) with the defendants, for the purchase of certain real estate in the town of Grafton; that, at the time said contract was made, the spirit of wild speculation was at its zenith, and prices of real estate were ruinously high; that, at the time the…
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Bill in Chancery.—Upon the 17th day of May, A. D. 1849, the complainant filed his bill in the Jersey county Circuit Court, averring, that, on the 27th day of May, 1836, he made a contract (which is made an exhibit, marked u A35) with the defendants, for the purchase of certain real estate in the town of Grafton; that, at the time said contract was made, the spirit of wild speculation was at its zenith, and prices of real estate were ruinously high; that, at the time the contract was made, the defendants, nor either of them, had any right, title or interest, in the lots sold; nor have they…
1Opinion of the Court
Opinion by Treat, C. J.:
We have no doubt about this case. It was decided in Mason vs. Wait, 4 Scammon, 127, that the sale of the Grafton lots was not binding on the ward; and that a purchaser might set up in defence of an action on the notes the inability of the guardian to convey a good title. It was held in Mason vs. Caldwell, 5 Gilman, 196, that it was competent for the ward, after she arrived at full age, and before a purchaser had avoided the contract by an offer to surrender the title bond, connected with a demand for the return of the notes, to adopt the contract, by executing and…
2Cases cited1 opinion
- Smith v. McIverSupreme Court of the United States · 1824
3Cited by10 opinions
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- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
- State ex rel. Spalding v. BentonMontana Supreme Court · 1892
- Ross v. BuchananIllinois Supreme Court · 1851
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