Smith v. Willard
Illinois Supreme Court
Appeal from the Circuit Court of Pike county; the Hon. Thomas N. Mehan, Judge, presiding. This was á bill in chancery filed by Eliza B. Smith, against John Willard, to set aside a. sheriff’s deed upon the south-east quarter of the north-east quarter of section 32, township 7, south, range 2, west, in Pike county, Illinois, bearing" date July 19, 1897. The facts as alleged in the bill and substantially shown in the testimony upon hearing of the cause were, that about the year…
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Appeal from the Circuit Court of Pike county; the Hon. Thomas N. Mehan, Judge, presiding. This was á bill in chancery filed by Eliza B. Smith, against John Willard, to set aside a. sheriff’s deed upon the south-east quarter of the north-east quarter of section 32, township 7, south, range 2, west, in Pike county, Illinois, bearing" date July 19, 1897. The facts as alleged in the bill and substantially shown in the testimony upon hearing of the cause were, that about the year 1888 the complainant inherited some land in Calhoun county from her mother, which land she sold, receiving §2600 in…
1Opinion of the CourtJustice Phillips
Under the assignment of error in this case it is urged and argued by appellant that the circuit court erred in dismissing her bill, for the reason the evidence offered was sufficient to entitle her to a decree setting aside the deed of the defendant as a cloud upon her title. It is also urg'ed the land in question having been purchased by the husband with money belonging- to his wife, a resulting trust was established in her favor.
From the record in this case there can be no question but the money of appellant was used in the purchase of these lands. The rule is well established, if the…
2Cases cited8 opinions
- Anderson v. ArmsteadIllinois Supreme Court · 1873
- Robbins v. MooreIllinois Supreme Court · 1889
- Radcliff v. RadfordIndiana Supreme Court · 1882
- Massey v. WestcottIllinois Supreme Court · 1866
- Bradley v. LuceIllinois Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Goldberg v. ParkerSupreme Court of Connecticut · 1913
- Hauk v. VanIngenIllinois Supreme Court · 1902
- Weiner v. JobstIllinois Supreme Court · 1961
- Carnes v. WhitfieldIllinois Supreme Court · 1933
- Heckmann v. DetlaffIllinois Supreme Court · 1918
9 more not listed; retrieve them via the Exa API.