Higgins v. Dwen

This was a bill for a specific performance of a contract for the sale and purchase of forty-two acres of land in Cook dounty. The vendor tendered a deed, and the purchaser was willing to receive it and pay for the land if he could obtain a perfect title, but denies that the vendor can make such a title.

There are no disputed facts in the case, and it all depends on the question whether James Gr. Dwen took title to this land by the will of his wife, Ellen L. Dwen, deceased. The circuit court held he did, and the decree was affirmed on appeal to the Appellate Court for the First District, and…