Legal Opinion

Ross v. Clark

Appellate Court of Illinois

Decided May 7, 1906No. Gen. No. 12,447Published

Bill to enforce vendor’s lien. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court.

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Bill to enforce vendor’s lien. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court. Alexander Boss and William B. Plum, on February 3, 1905, filed their bill of com plaint in the Circuit Court of Cook County, on the chancery side thereof, against Wallace G. Clark and wife, J. Milton Trainer and wife, Arthur E. Clark and wife, Frederick W. Eawson, M. E. Greenebaum, and the unknown holders of certain notes in the bill described. The bill set up an agreement in writing between Wallace G.…

1Opinion of the CourtJustice Brown

The bill in this cause was evidently filed principally as an attempt to enforce under the equitable doctrine of a vendor’s lien a claim arising from alleged fraudulent misrepresentations inducing the exchange of real estate. This is not only evidently the case, but it is practically admitted by appellants’ brief and argument. - Counsel apparently rely strongly on the proposition that for two or at most three items of their claim, amounting, in the aggregate, to less than $1,000, the complainants have a vendor’s lien, and that equity, taking jurisdiction of the cause for the purpose of…

2Cases cited14 opinions

  1. Lehndorf v. CopeIllinois Supreme Court · 1887
  2. McKillip v. McKillipNew York Supreme Court · 1850
  3. Manning v. FrazierIllinois Supreme Court · 1880
  4. Koch v. RothIllinois Supreme Court · 1894
  5. Patterson v. EdwardsMississippi Supreme Court · 1855

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