Legal Opinion

Tracy v. City of Chicago

Illinois Supreme Court

Decided April 15, 1860PublishedCited by 3 opinions

This was a bill in chancery, by Elisha W. Tracy, the ancestor of the present plaintiffs in error, against defendants in error, to compel a conveyance of certain land to him, from the City of Chicago, and to restrain the other defendants from setting up any claim or title thereto.

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This was a bill in chancery, by Elisha W. Tracy, the ancestor of the present plaintiffs in error, against defendants in error, to compel a conveyance of certain land to him, from the City of Chicago, and to restrain the other defendants from setting up any claim or title thereto. These defendants, who were the owners of original lot 5, block 22, as shown in Plat No. 1, had received a conveyance from the city, of the new lot 5, (Plat No; 2), and were in possession, and the land claimed by complainant was a portion of said lot 5, as shown by the dotted line. The complainant was the owner of lot…

1Opinion of the Court

Catón, C. J.

The question in this case is, what did the parties intend and understand by their contract, which consists, on the one side, of the proposition by the city, contained in the ordinances for the vacation of old West Water street, and the opening of the new street of the same name, and the acceptance of that proposition by the proprietors of the lots in the rear blocks. The proof does not show that the map or diagram attached to the answer, and marked A., was in Scammon’s hands at the time alleged, or that Tracy ever saw it, so that we cannot say that he accepted the proposition as…

2Cited by3 opinions

  1. Wolf v. SchwillIllinois Supreme Court · 1919
  2. City of Toledo v. SheillOhio Supreme Court · 1895
  3. Roberts v. . OpdykeNew York Court of Appeals · 1869

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