Lindsay v. Davenport
Illinois Supreme Court
This was a suit in equity commenced in the Eock Island Circuit Court, by George L. Davenport, Bailey Davenport, and Susan M. Goldsmith, devisees under the will of George Davenport, deceased, against James Lindsay, and others, heirs of Thomas Lindsay, deceased, to correct a mistake in a deed, and to enjoin certain actions of ejectment.
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This was a suit in equity commenced in the Eock Island Circuit Court, by George L. Davenport, Bailey Davenport, and Susan M. Goldsmith, devisees under the will of George Davenport, deceased, against James Lindsay, and others, heirs of Thomas Lindsay, deceased, to correct a mistake in a deed, and to enjoin certain actions of ejectment. On the 12th day of June, 1835, George Davenport sold to Thomas Lindsay his claim to the south-east fractional quarter of section thirty-six, in township eighteen, north range two, west of the fourth principal meridian, together with the fraction in front of it,…
1Opinion of the CourtCaton, J.
We have rarely had a case of real importance, presenting less difficulties in its decision than this. Hie law is plain and well settled, and the facts are establr satisfactorily than is usually the case.
The bill is filed to reform a deed, in the drawn, mistake was made in the description of the premi to be conveyed. Although the deed was made years ago, and both the original parties to it are rights of third persons have intervened to ei obstruct the operation of the general rule, and the < is between the heirs of the original parties alone.
The facts clearly established are simply these: In…
2Cited by4 opinions
- Roszell v. RoszellIndiana Supreme Court · 1887
- Halliday v. HessIllinois Supreme Court · 1893
- Way v. RothIllinois Supreme Court · 1895
- Neuburger v. Foreman Bros. Banking Co.Appellate Court of Illinois · 1925