Baltimore & Ohio Southwestern Railroad v. Brubaker
Illinois Supreme Court
- Writ or Error to the Circuit Court of Marion county; the Hon. William M. EarmRr, Judge, presiding. This is a bill in chancery filed in the circuit court of Marion county by the defendant in error, against the plaintiff in error, asking for a specific performance of an agreement in writing for certain underground crossings under plaintiff in error’s right of wayv as expressed in a certain agreement for a deed and the deed following said agreement.
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- Writ or Error to the Circuit Court of Marion county; the Hon. William M. EarmRr, Judge, presiding. This is a bill in chancery filed in the circuit court of Marion county by the defendant in error, against the plaintiff in error, asking for a specific performance of an agreement in writing for certain underground crossings under plaintiff in error’s right of wayv as expressed in a certain agreement for a deed and the deed following said agreement. The evidence shows that on March 14, 1853, defendant in error was the owner in fee simple of the north-east quarter of the north-west quarter, and…
1Opinion of the CourtJustice Wilkin
A preliminary contract, with a receipt for the money for the right of way, was signed on March 14, 1853. The deed therefor was not executed until July 21, 1853. The contract and receipt were placed upon record. Upon the trial of the cause the record of said contract was offered in evidence and objected to. It is first insisted by the plaintiff in error that the record was not properly admitted in evidence, for the reason that the contract was not such an instrument as under the statute is required or entitled to be recorded, and that the proper preliminary proof was not made in order to…
2Cases cited6 opinions
- Evans v. GerryIllinois Supreme Court · 1898
- Dreiske v. Joseph N. Eisendrath Co.Illinois Supreme Court · 1905
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. MunsellIllinois Supreme Court · 1901
- Gillespie v. GillespieIllinois Supreme Court · 1895
- Scott v. BassettIllinois Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fitzpatrick v. Allied Contracting Co.Illinois Supreme Court · 1962
- Miller v. SheaIllinois Supreme Court · 1921
- Black v. MillerSupreme Court of Iowa · 1912
- Danberg v. LangmanIllinois Supreme Court · 1925
- Allen v. HayesIllinois Supreme Court · 1923
10 more not listed; retrieve them via the Exa API.