Fleming v. McHale
Illinois Supreme Court
Appeal from the Circuit Court of Jersey county; the Hon. D. M. Woodson, Judge, presiding. James McHale and John McHale filed a bill in chancery against Mary Fleming, and other co-heirs with themselves, of Mary McHale, deceased, charging that a certain tract of land, the legal title of which was in Mary McHale at her decease, was purchased by them with their money, and that the deed was, in fact, made to said Mary McHale, because Hurd, the vendor of the land, believed the…
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Appeal from the Circuit Court of Jersey county; the Hon. D. M. Woodson, Judge, presiding. James McHale and John McHale filed a bill in chancery against Mary Fleming, and other co-heirs with themselves, of Mary McHale, deceased, charging that a certain tract of land, the legal title of which was in Mary McHale at her decease, was purchased by them with their money, and that the deed was, in fact, made to said Mary McHale, because Hurd, the vendor of the land, believed the complainants were under age, and was unwilling to 'take their notes and mortgage for the deferred payments; that it was…
1Opinion of the CourtChief Justice Breese
It will be more convenient to consider this bill, as an original bill filed for the purpose of decreeing the title to the lands described in it, out of the defendants’ heirs at law of Mary McHale, deceased, and into John McHale, the complainant, claiming in his own right.
John McHale alleges that the land was purchased by him and his deceased brother, James, of I. M. Hurd; that they paid the first instalment of the purchase money, being three hundred dollars, the price to be paid being in all ten hundred and eighty dollars; that they were supposed by Hurd to be under age at the time, and as…
2Cases cited1 opinion
- Perry v. McHenryIllinois Supreme Court · 1851
3Cited by8 opinions
- Currence v. WardWest Virginia Supreme Court · 1897
- Wright v. WrightIllinois Supreme Court · 1954
- West v. ScottIllinois Supreme Court · 1955
- Cook v. BlazisIllinois Supreme Court · 1937
- Skahen v. IrvingIllinois Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.