Campbell v. Powers
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook •county; the Hon. Henry M. Shepard, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook •county; the Hon. Henry M. Shepard, Judge, presiding. January 21, 1890, appellant filed his hill in the Superior Court of Cook county, alleging, in effect, that on or about March 1, A. D. 1889, he and appellee entered into an agreement by which they were to secure a ground lease of property in Chicago, “and to secure a loan for the purpose of building upon and improving the same, and to purchase said ground lease,” which, it was averred, was first estimated to cost…
1Opinion of the CourtJustice Shops
The first point made by counsel is, that the demurrer was improperly sustained. Every bill must contain sufficient matters of fact, per se, to maintain the case, so that the same may be put in issue by the answer and established by proofs. (Harrison et al. v. Nixon, 9 Pet. 502; Boone v. Chiles, 10 id. 177.) Appellant, by his bill, asks that appellee be required to unconditionally convey to him a half interest in the leasehold ■alleged to have been purchased of Cooper. Every claim to equitable relief necessarily rests upon an existing right, not only in respect of the matter demanded to be…
2Cases cited5 opinions
- Knapp v. MarshallIllinois Supreme Court · 1861
- Gage v. RohrbachIllinois Supreme Court · 1870
- Jones v. KennicottIllinois Supreme Court · 1876
- Calloway v. DobsonU.S. Circuit Court for the District of Virginia · 1807
- Whitmarsh v. CampbellNew York Court of Chancery · 1830
3Cited by24 opinions
- Chicago & Alton Railroad v. HarringtonIllinois Supreme Court · 1901
- The PEOPLE v. ThomasIllinois Supreme Court · 1958
- Walker v. StruthersIllinois Supreme Court · 1916
- Estate of Fender v. FenderAppellate Court of Illinois · 1981
- Roby v. South Park CommissionersIllinois Supreme Court · 1905
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