Street v. French
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. This was a hill in chancery, brought hy Charles A. Street, trustee, etc., against Sanford B. French and others, for the specific performance of a contract for the sale and conveyance of land. A demurrer to the bill for want of equity having been sustained, a decree was entered dismissing the bill at the complainant’s costs, and from that decree he now appeals to this court.
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Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. This was a hill in chancery, brought hy Charles A. Street, trustee, etc., against Sanford B. French and others, for the specific performance of a contract for the sale and conveyance of land. A demurrer to the bill for want of equity having been sustained, a decree was entered dismissing the bill at the complainant’s costs, and from that decree he now appeals to this court. The averments of the bill, so far as they need be stated, are as follows: That about April 12, 1873, Charles J. Wyeth, of Cook county,…
1Opinion of the CourtJustice Bailey
This being a bill by a vendor for the specific performance of a contract for the sale and conveyance of land, the complainant, to entitle himself to a decree, must show that the title which he offers to convey is good beyond a reasonable doubt, and one which will 'not expose the purchaser to litigation with parties not now before the court, and therefore not bound by its decision. A doubtful title which a purchaser will not be compelled to accept, is not only a title upon which the court entertains doubts, but includes also a title which although the court has a favorable opinion of it, yet…
2Cases cited1 opinion
- Close v. StuyvesantIllinois Supreme Court · 1890
3Cited by10 opinions
- Weberpals v. JennyIllinois Supreme Court · 1921
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Hinton v. MartinSupreme Court of Arkansas · 1922
- Smith v. HunterIllinois Supreme Court · 1909
- Mattson Ridge, LLC v. Clear Rock Title, LLPSupreme Court of Minnesota · 2012
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