Schwass v. Hershey
Illinois Supreme Court
Appeal from the Circuit Court of Carroll county; the Hon. John V. Eustace, Judge, presiding. This was a bill in chancery, in the Carroll circuit court, filed by appellant, Schwass, against Hattie E. Hershey, Andrew H. Hershey, L. Sherman Bowen and Thomas Skipper, alleging that he purchased of Hattie E. Hershey and said Bowen a lot of ground, now included in L. S. Bowen’s addition to the city of Savanna, in said county, and being all of lot 7 and part of lot 5 in the plat of…
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Appeal from the Circuit Court of Carroll county; the Hon. John V. Eustace, Judge, presiding. This was a bill in chancery, in the Carroll circuit court, filed by appellant, Schwass, against Hattie E. Hershey, Andrew H. Hershey, L. Sherman Bowen and Thomas Skipper, alleging that he purchased of Hattie E. Hershey and said Bowen a lot of ground, now included in L. S. Bowen’s addition to the city of Savanna, in said county, and being all of lot 7 and part of lot 5 in the plat of said addition, for $125, and that only lot 7 was conveyed to him by said vendors, and that lot 5 was after-wards…
1Opinion of the CourtJustice Shope
The bill seeks to enforce the equitable right of complainant to a part of lot 5, in L. S. Bowen’s addition to the city of Savanna, derived, as it is claimed, by virtue of his contract of purchase thereof. It is averred in the bill, and shown, that the contract was made May 26,1883, but it is not shown that any representations were then made of the area of the lot purchased by complainant. The contract was reduced to writing as of June 1, 1883, and by reference thereto it is seen that the lot agreed to be conveyed, is “known and described as lot No. seven (7), in block No. one (1), in L. S.…
2Cases cited3 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Hunter v. BilyeuIllinois Supreme Court · 1863
- Miner v. HessIllinois Supreme Court · 1868
3Cited by5 opinions
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- Strain v. HindsIllinois Supreme Court · 1917
- Northfield Farmers' Township Mutual Fire Insurance v. SweetAppellate Court of Illinois · 1893
- Fosler v. MillerAppellate Court of Illinois · 1907