Legal Opinion

Fosler v. Miller

Appellate Court of Illinois

Decided March 13, 1907No. Gen. No. 4,740Published

Bill in equity. Appeal from the Circuit Court of Carroll county; the Hon. Oscar E. Heard, Judge, presiding.

1Opinion of the CourtJustice Thompson

Appellants by their bill in equity seek to reform a certain deed of conveyance executed by them, and also pray for an injunction restraining the grantee in said deed from prosecuting a suit at law for damages for a breach of covenant in the deed.

The deed in question was executed January 21, 1904, by appellants, Edward A. Fosler and Edith E. Fosler, his wife, and purported to convey to appellee, Susan 0. Miller, a lot in the city of Savanna described as lot seven in block two in Hershey and Bowen’s addition. Said lot seven actually had a frontage of sixty feet, but Fosler, the grantor at the…

2Cases cited3 opinions

  1. Hunter v. BilyeuIllinois Supreme Court · 1863
  2. Schwass v. HersheyIllinois Supreme Court · 1888
  3. Smith v. RustAppellate Court of Illinois · 1904

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