Legal Opinion

Way v. Roth

Appellate Court of Illinois

Decided March 23, 1895PublishedCited by 2 opinions

Bill for Relief.—In equity. Appeal from a decree of the Circuit Court of St. Clair County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the August term, 1894.

1Opinion of the Court

Mr. Presiding Justice Scofield

delivered the opinion of the Court.

There were four lots in Alta Sita, each of twenty-five feet frontage, and numbered, respectively, 30, 31, 32 and 33, in block 13. In the spring of 1892, Mrs. Clara A. Brooks was the owner of lots 30 and 31, and John A. Perry was the owner of lots 32 and 33.

Mrs. Brooks’ husband, as her agent, began the erection of a two-story building on her lots, as he supposed. He completed the foundation and erected»certain out-buildings. By mistake, however, these improvements were made on lots 32 and 33 instead of lots 30 and 31.

Mrs. Brooks,…

2Cases cited5 opinions

  1. Dean v. WalkerIllinois Supreme Court · 1882
  2. Comstock v. HittIllinois Supreme Court · 1865
  3. Fowler v. FayIllinois Supreme Court · 1872
  4. Rapp v. StonerIllinois Supreme Court · 1882
  5. Wilson v. ByersIllinois Supreme Court · 1875

3Cited by2 opinions

  1. Cox v. ButtsSupreme Court of Oklahoma · 1915
  2. Ingram v. IngramAppellate Court of Illinois · 1897

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