Grove v. Carlisle
Illinois Supreme Court
July 25,1855, Carlisle filed Ms bill against Grove, Comstock and Daugherty, setting forth that, in 1852, while he was absent from Peoria, Mrs. Carlisle made a contract with Bestor for lot eleven in Mills’ Addition to Peoria, for $250, last payment to be made in three years; that she paid $50; that, on complainant’s return in the spring of 1853, he paid Bestor $183, and took deed in her name, at her request, with covenants of warranty.
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July 25,1855, Carlisle filed Ms bill against Grove, Comstock and Daugherty, setting forth that, in 1852, while he was absent from Peoria, Mrs. Carlisle made a contract with Bestor for lot eleven in Mills’ Addition to Peoria, for $250, last payment to be made in three years; that she paid $50; that, on complainant’s return in the spring of 1853, he paid Bestor $183, and took deed in her name, at her request, with covenants of warranty. That, after purchase of Bestor, complainant built dwelling house and fences of the value of $1,500; that lot and improve-meats are now worth $1,800; complainant…
1Opinion of the CourtCaton, J.
This decree, directing a conveyance to Mrs. Carlisle, is no doubt erroneous, whatever view may be taken of the rights of the parties. The bill is filed by Mr. Carlisle, asking for a conveyance to him. She is made a defendant, and answers the bill, denying the equitable relief sought by the complainant, and asks for no affirmative relief in her own favor. In this state of the pleadings the only relief which could be granted was to order a conveyance to the complainant, and if that was not warranted by the proofs, then the bill should have been dismissed; and this we think should have been…
2Cited by1 opinion
- East St. Louis & Carondelet Railway Co. v. NugentIllinois Supreme Court · 1893