Maher v. Farwell
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. On the 12th day of September, 1873, plaintiff in error filed, in. the Superior Court of Cook county, a bill in chancery against defendants in error, alleging, in substance, that on or about the 20th of ¡November, 1855, Hugh Maher and one William H. Warder entered into a written contract with ThomasB.
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Writ of Error to the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. On the 12th day of September, 1873, plaintiff in error filed, in. the Superior Court of Cook county, a bill in chancery against defendants in error, alleging, in substance, that on or about the 20th of ¡November, 1855, Hugh Maher and one William H. Warder entered into a written contract with ThomasB. King, for the purchase of certain real.estate in Cook county, particularly described in the bill, the consideration being $5100; that the same was duly recorded in the recorder’s office in Cook county,…
1Opinion of the CourtJustice Mulkey
It will be perceived that the bill in this case was not filed until near thirteen years after the occurrence of the transactions out of which this controversy arose, and not until at least seven years, as is shown by the bill itself, after Farwell had refused to accept the amount which Maher claimed he Avas entitled to under the arrangement; or in other words until after a difficulty and misunderstanding had arisen between them in reference to the matter. Waiving for the present the staleness of the claim as a distinct defence, it.must he admitted that after this very extraordinary lapse of…
2Cited by7 opinions
- Riley v. BlackerMontana Supreme Court · 1915
- Elling v. FineMontana Supreme Court · 1917
- Ferns v. ChapmanIllinois Supreme Court · 1904
- Alcorn v. Superior Oil Corp.Court of Appeals of Kentucky (pre-1976) · 1932
- Broaddus' Heirs v. PottsCourt of Appeals of Kentucky · 1910
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