Brown v. Welch
Illinois Supreme Court
This was a bill in chancery, filed in the La Salle Circuit Court, by Patrick Welch, complainant, against Phineas D. Cooley, David Brown and John P. McCahan, respondents. The hill charges, that on October 13th, 1855, Phineas D. Cooley made and delivered to Patrick Welch a bond for a deed for the land therein described. Which bond was filed for record, December 12, 1855, at 11 o’clock, A. M., and duly recorded in book 45, pages 717 and 718, of records in La Salle county.
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This was a bill in chancery, filed in the La Salle Circuit Court, by Patrick Welch, complainant, against Phineas D. Cooley, David Brown and John P. McCahan, respondents. The hill charges, that on October 13th, 1855, Phineas D. Cooley made and delivered to Patrick Welch a bond for a deed for the land therein described. Which bond was filed for record, December 12, 1855, at 11 o’clock, A. M., and duly recorded in book 45, pages 717 and 718, of records in La Salle county. The bill further alleges, and the answers of Brown and McCahan admit the payment of $100, and the delivery of a team of…
1Opinion of the CourtCaton, J.
We might, perhaps, satisfactorily place our affirmance of this decree upon the ground of notice proved to the subsequent purchasers, but we choose to place it on another ground. The complainant’s equitable title to the land in question is clearly established, and indeed is not controverted, but the defense is placed upon the ground, that the defendants also have an equitable title, with which, although junior to that of the complainants, they have united the legal title. If this be true, their legal title must prevail over the complainant’s mere equitable title. The question to be considered…
2Cases cited2 opinions
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- Purcell v. RichardsonVirginia Chancery Court · 1808
3Cited by27 opinions
- Draper v. DraperIllinois Supreme Court · 1873
- Koebel v. DoyleIllinois Supreme Court · 1912
- Lowden v. WilsonIllinois Supreme Court · 1908
- Baldwin v. SagerIllinois Supreme Court · 1873
- D'Wolf v. PrattIllinois Supreme Court · 1866
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