Legal Opinion

Jones v. Foster

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 15 opinions

Appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is a bill, filed by the appellant against the appellee on August 20, 1896, to set aside a deed executed on August 13, 1895, by appellant to appellee, upon the alleged ground that the deed was obtained by false representations.

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Appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is a bill, filed by the appellant against the appellee on August 20, 1896, to set aside a deed executed on August 13, 1895, by appellant to appellee, upon the alleged ground that the deed was obtained by false representations. After a demurrer to the bill was overruled, an answer thereto was filed by the appellee, and replication was filed to the answer by the appellant, the complainant in the court below. After a hearing had upon documentary and oral evidence, the circuit court dismissed the bill for…

1Opinion of the CourtJustice Magruder

The false representations, alleged to have been made by the appellee to the appellant to procure from the latter the deed executed by him conveying the lots in question, are embodied in the letter, written by Pope to the appellant on August 1, 1895. It cannot be denied, thát the statements made in this letter were incorrect, if not untrue. The impression, conveyed by the first sentence of the letter, is that the appellant owned the lots in 1875 or 1876, but did not own them on August 1, 1895, when the letter was written. As matter of fact, however, the appellant was, at the time of the…

2Cases cited15 opinions

  1. Taylor v. . GuestNew York Court of Appeals · 1874
  2. Norris v. IleIllinois Supreme Court · 1894
  3. Schwabacker v. RiddleIllinois Supreme Court · 1881
  4. Hibernian Banking Ass'n v. Commercial National BankIllinois Supreme Court · 1895
  5. Tone v. WilsonIllinois Supreme Court · 1876

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3Cited by15 opinions

  1. Martin v. Heinold Commodities, Inc.Illinois Supreme Court · 1994
  2. Broberg v. MannAppellate Court of Illinois · 1965
  3. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  4. Shah v. Chicago Title & Trust Co.Appellate Court of Illinois · 1983
  5. Turner v. Alton Banking & Trust Co.Court of Appeals for the Eighth Circuit · 1950

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