Legal Opinion

Seymour v. Mackay

Illinois Supreme Court

Decided November 15, 1888PublishedCited by 12 opinions

Writ op Error to the Appellate Court for the Second District ;—heard in that court on writ of error to the Circuit Court of Carroll county; the Hon. John V. Eustace, Judge, presiding. This action, as originally commenced, was a bill in equity, brought by Daniel Belding, against Duncan Mackay, to cancel a certain lease, to declare certain deeds to he mortgages, for an accounting, and for general relief.

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Writ op Error to the Appellate Court for the Second District ;—heard in that court on writ of error to the Circuit Court of Carroll county; the Hon. John V. Eustace, Judge, presiding. This action, as originally commenced, was a bill in equity, brought by Daniel Belding, against Duncan Mackay, to cancel a certain lease, to declare certain deeds to he mortgages, for an accounting, and for general relief. It is, in substance, set up in the bill, that on the 5th day of February, 1870, complainant, Daniel Belding, and his wife, conveyed, by deed to Mackay, a certain tract of land in Carjoll…

1Opinion of the CourtChief Justice Craig

On the final hearing, upon the pleadings and evidence, the circuit court dismissed the original bill of Belding, and also the cross-bill of Seymour. A writ of error was sued out in the Appellate Court by Seymour, where the decree of the circuit court was affirmed. To reverse that judgment, Seymour has sued out this writ of error.

As the complainant in the original bill (Belding) is not before the court, and is not complaining, it will not be necessary to enter upon a consideration of the matters involved in the original bill, except so far as may be necessary to a proper and legitimate…

2Cases cited2 opinions

  1. Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
  2. West v. ReedIllinois Supreme Court · 1870

3Cited by12 opinions

  1. Alexander v. ClelandNew Mexico Supreme Court · 1906
  2. Hush v. ReaughDistrict Court, E.D. Illinois · 1938
  3. Bowen v. First State BankMontana Supreme Court · 1923
  4. Doggett v. JohnsonMontana Supreme Court · 1928
  5. Gould v. McKillipWyoming Supreme Court · 1940

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