Legal Opinion

Ross v. Clark

Illinois Supreme Court

Decided February 21, 1907PublishedCited by 6 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming the decree of the circuit court of Cook county sustaining appellees’ demurrer to appellants’ bill for a vendor’s lien, and other relief, and dismissing said bill for "want of equity.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming the decree of the circuit court of Cook county sustaining appellees’ demurrer to appellants’ bill for a vendor’s lien, and other relief, and dismissing said bill for "want of equity. The bill represents that Alexander Ross and William R. Plumb entered into a contract with Wallace G. Clark and J. Milton Trainer whereby Ross and Plumb were to exchange lots 53 to 74,…

1Opinion of the CourtJustice Carter

The aid of equity is invoked by this bill to enforce the claim under a vendor’s lien alleged to have arisen from a failure to carry out the contract under which the exchange of property was made, and also for alleged fraudulent misrepresentations inducing the exchange of real estate. Appellants insist that if any of their allegations are sufficient to entitle them to a vendor’s lien, thereupon equity, having thus taken jurisdiction of the cause for the purpose of enforcing those items, will, in order to do justice between the parties, take jurisdiction of all matters germane to the…

2Cases cited7 opinions

  1. Chicago & Great Western Railroad Land Co. v. PeckIllinois Supreme Court · 1885
  2. Stow v. RussellIllinois Supreme Court · 1864
  3. Koch v. RothIllinois Supreme Court · 1894
  4. Blomstrom v. DuxIllinois Supreme Court · 1898
  5. Johnson v. RobertsIllinois Supreme Court · 1882

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3Cited by6 opinions

  1. Reinhardt v. Security Insurance Co. of New HavenAppellate Court of Illinois · 1941
  2. Stump v. Swanson Development Co.Appellate Court of Illinois · 2014
  3. Bennett v. AhrensCourt of Appeals for the Seventh Circuit · 1932
  4. Mills v. MillsAppellate Court of Illinois · 1960
  5. Kern v. School DirectorsAppellate Court of Illinois · 1910

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