Legal Opinion

Gillett v. Hickling

Appellate Court of Illinois

Decided April 8, 1885PublishedCited by 7 opinions

Error to the Superior Court of Cook county; the lion. George Gardner, Judge, presiding. The writ of error in this case brings up for review a decree sustaining a demurrer to a hill in chancery brought by Henrj’-Gillett against Sarah Ann Hickling, executrix of the last will and testament of William Hickling, deceased, and others, and. dismissing the hill for want of equity.

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Error to the Superior Court of Cook county; the lion. George Gardner, Judge, presiding. The writ of error in this case brings up for review a decree sustaining a demurrer to a hill in chancery brought by Henrj’-Gillett against Sarah Ann Hickling, executrix of the last will and testament of William Hickling, deceased, and others, and. dismissing the hill for want of equity. The hill alleges in substance, that in the early part of 1878 complainant was the equitable owner of lot 9, etc., in Ellis’ West addition to Chicago, and occupied the same as a residence; that William Hickling then held the…

1Opinion of the CourtBailey, J.

According to the case made by the bill, Hick-ling, being the holder of a deed of trust upon certain premises of which the complainant owned the equity of redemption and which he occupied as a residence, entered into a written agreement with him, by which Hickling agreed to have the premises sold under the deed of trust and to become the purchaser, and to allow the complainant to retain possession by paying interest on the incumbrance, with the right, at any time within three years, to redeem the premises by paying the incumbrance and costs of sale; or, if during that time he could find a…

2Cases cited1 opinion

  1. Coates v. WoodworthIllinois Supreme Court · 1852

3Cited by7 opinions

  1. Royal Insurance Co. v. SimonCourt of Chancery of Delaware · 1934
  2. Hatch v. HatchUtah Supreme Court · 1915
  3. Probate Court of the City of Pawtucket v. WilliamsSupreme Court of Rhode Island · 1909
  4. Corney v. CorneyAppellate Court of Illinois · 1930
  5. Levy v. KussAppellate Court of Illinois · 1920

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