Legal Opinion

Massey v. Westcott

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 19 opinions

Appeal from, the Circuit Court of Livingston county; the Hon. Charles E. Starr, Judge, presiding. This was a hill in chancery filed by Edward S. Massey, against Jonathan Cooper and others, in the court below, to reform a deed, and remove a cloud from certain lands in Livingston county. The bill charges, that one Charles P. Westcott, being the owner of the E. of the FT.

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Appeal from, the Circuit Court of Livingston county; the Hon. Charles E. Starr, Judge, presiding. This was a hill in chancery filed by Edward S. Massey, against Jonathan Cooper and others, in the court below, to reform a deed, and remove a cloud from certain lands in Livingston county. The bill charges, that one Charles P. Westcott, being the owner of the E. of the FT. W. í of section 21, T. 28, north E. 5 E. in Livingston county, on the 12th of February, 1861, conveyed the same to Massey, for a valuable consideration; but, by mistake in the deed, conveyed the E. of the S. W. ¿ of said…

1Opinion of the CourtJustice Lawrence

At the May Term, 1861, of the Peoria Circuit Court, Till and Knevels obtained a judgment against Westcott, which was levied on a tract of land in Livingston county, on the 17th of May, 1861, and the levy was duly recorded. At that time the" title to the land stood, on the record, in Westcott. He had, however, in February, 1861, made a deed to Massey, the complainant in this suit, intending to convey these premises, but failed to do so, through an error in the description. Till and Knevels sold under their levy and became themselves the purchasers, on the 15th of June, 1861. On the 15th of…

2Cases cited1 opinion

  1. Blair v. ChamblinIllinois Supreme Court · 1866

3Cited by19 opinions

  1. Noe v. MoutrayIllinois Supreme Court · 1897
  2. Gary v. NewtonIllinois Supreme Court · 1903
  3. Galway, Semple & Co. v. MalchowNebraska Supreme Court · 1878
  4. Johnson v. Equitable Securities Co.Supreme Court of Georgia · 1902
  5. Thorpe v. HelmerIllinois Supreme Court · 1916

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