Fitch v. Willard
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. William W. Farwell, Judge, presiding. This was a bill in equity, by the appellant against the appellee, filed in the Superior Court of Cook county.
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. William W. Farwell, Judge, presiding. This was a bill in equity, by the appellant against the appellee, filed in the Superior Court of Cook county. On the 25th day of September, 1857, James Boggs, George Boggs, his son, and Redmon Colter, being owners of the southwest fractional quarter of section 19, township 38 north, range 15 east, in Cook county, conveyed the same, by way of mortgage, with power of sale to mortgagees, their assigns, etc., to Julius Crane and William P. Apthorp, to secure the payment of certain promissory notes which…
1Opinion of the CourtJustice Scholfield
James Boggs claimed to have no substantial interest in the subject matter of the contract, and he was joined therein only for the purpose of releasing any possible equity he might have. The real contracting parties were Willard upon the one side, and Fitch upon the other, and the questions discussed in the briefs before us, have reference exclusively to their rights and obligations.
In our opinion, under a fair and reasonable construction of the terms of. the contract, Willard’s undertaking was simply to convey what title he had. He was to furnish an abstract of his title to Fitch, that he…
2Cases cited3 opinions
- Cox v. MontgomeryIllinois Supreme Court · 1865
- Baxter v. LamontIllinois Supreme Court · 1871
- Kimball v. TookeIllinois Supreme Court · 1872
3Cited by1 opinion
- Dehuy v. OsborneSupreme Court of Florida · 1928