Legal Opinion

Stebbins v. Petty

Illinois Supreme Court

Decided April 20, 1904PublishedCited by 20 opinions

Appeal, from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. On May 27, 1903," appellant commenced this suit in equity in the circuit court of Pike county.

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Appeal, from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. On May 27, 1903," appellant commenced this suit in equity in the circuit court of Pike county. The bill alleges that Luther Stebbins, the complainant, on October 21, 1868, became seized in fee of certain real estate situated in that county; that he occupied the land as a home until about July 10, 1902, when he conveyed the same, being all of his property, to his adopted daughter, Emily Petty, reserving a life estate to himself therein; that Emily Petty died on October 31,1902, leaving her surviving Joseph…

1Opinion of the CourtJustice Scott

It has been frequently held in this State that where a grantor conveys land, and the consideration is an agreement by the grantee to support, maintain and care for the grantor during the remainder of his or her natural life, and the grantee neglects or refuses to comply with the contract, the grantor may, in equity, have a decree rescinding the contract and setting aside the deed and re-investing the grantor with the title to the real estate. (Frazier v. Miller, 16 Ill. 48; Oard v. Oard, 59 id. 46; Jones v. Neely, 72 id. 449; Kusch v. Kusch, 143 id. 353; Cooper v. Gum, 152 id. 471; McClelland…

2Cases cited6 opinions

  1. Gallaher v. HerbertIllinois Supreme Court · 1886
  2. Frazier v. MillerIllinois Supreme Court · 1854
  3. Cree v. SherfyIndiana Supreme Court · 1894
  4. Patterson v. PattersonSupreme Court of Iowa · 1891
  5. Lockwood v. LockwoodMichigan Supreme Court · 1900

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3Cited by20 opinions

  1. Bruer v. BruerSupreme Court of Minnesota · 1909
  2. Huffman v. RicketsIndiana Court of Appeals · 1916
  3. Luttrell v. WyattIllinois Supreme Court · 1922
  4. Dietz v. DietzSupreme Court of Minnesota · 1955
  5. Kritzer v. MoffatWashington Supreme Court · 1925

15 more not listed; retrieve them via the Exa API.

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