Neal v. Handley
Illinois Supreme Court
Appeal from the Circuit Court of Coles county; the Hon. C. B. Smith, Judge, presiding. This was a bill in equity, brought by John T. Handley, against Henry A. Neal, for the setting aside of a sheriff’s sale, and the cancellation of the deed made thereon.
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Appeal from the Circuit Court of Coles county; the Hon. C. B. Smith, Judge, presiding. This was a bill in equity, brought by John T. Handley, against Henry A. Neal, for the setting aside of a sheriff’s sale, and the cancellation of the deed made thereon. The following facts appear from the pleadings and proofs: On April 29, 1881, one John Hensley recovered a judgment against Handley for $760.94, and afterward, in a suit for divorce and alimony, against Hensley, brought by his wife, Anna Hensley, wherein Handley was made a party, Handley was, on April 26, 1882, ordered to pay to Anna Hensley,…
1Opinion of the CourtJustice Sheldon
There is a dispute between the parties as to what the terms of the settlement were upon which the receipt in question was given. Mrs. Burnett and her husband testify that appellee paid her $100 and a cow valued at $40, and that he agreed to pay all the costs and fees, if there were any, and stand in her shoes. On the other hand, appellee testifies that Mrs. Burnett said if he would give her $100 and the choice of his cows, she would sign the receipt; that nothing was said in regard to his paying costs or attorney’s fees; that he ivas to do nothing but pay the $100 and let her have the cow;…
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