Legal Opinion

Bradley v. Luce

Illinois Supreme Court

Decided May 14, 1881PublishedCited by 18 opinions

Writ of Error to the Circuit Court of Lake county; the Hon. Charles Kellum, Judge, presiding. On the 12th day of April, 1870, Benjamin C. Luce, defend-, ant in error, being the owner of a farm in Lake county, consisting of 544 acres, sold to William Darby 188 acres of the place for $8186, payable, $3000 January 1, 1872, $3000 April 22, 1873, and $2186 April 22, 1874. These notes were secured by a mortgage given by Darby on the land so purchased. ‘The balance of the farm Luce…

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Writ of Error to the Circuit Court of Lake county; the Hon. Charles Kellum, Judge, presiding. On the 12th day of April, 1870, Benjamin C. Luce, defend-, ant in error, being the owner of a farm in Lake county, consisting of 544 acres, sold to William Darby 188 acres of the place for $8186, payable, $3000 January 1, 1872, $3000 April 22, 1873, and $2186 April 22, 1874. These notes were secured by a mortgage given by Darby on the land so purchased. ‘The balance of the farm Luce occupied until the spring of 1872, when he leased his farm to one William Kuth, for the term of three years, and moved…

1Opinion of the CourtJustice Craig

The record contains some evidence tending to prove that the original arrangement to trade the Irving Park property for the Luce farm, personal property, and Darby notes, was consummated; but the decided preponderance of the evidence is, that the proposition to trade the Irving Park property was abandoned, for the reason Bradley was unable to make a title, and that the consideration agreed to be given for the farm, personal property and the Darby notes, was, cash $3000, the St. Louis and Wisconsin River Lumber Company stock, and the notes secured by mortgage on the Michigan lands, and the…

2Cases cited1 opinion

  1. Morris v. RobeyIllinois Supreme Court · 1874

3Cited by18 opinions

  1. Norris v. IleIllinois Supreme Court · 1894
  2. Benedum v. First Citizens BankWest Virginia Supreme Court · 1913
  3. Gage v. ParkerIllinois Supreme Court · 1899
  4. Smith v. WillardIllinois Supreme Court · 1898
  5. Indiana, Illinois & Iowa Railroad v. SwannellIllinois Supreme Court · 1895

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