Merrell v. Atkin
Illinois Supreme Court
The original bill was filed by Richard Atkin, complainant, against Minerva Merrell, L. B. Eothchild, and Henry Gibbs, defendants. The bill states, that said Atkin is owner in fee of part of Lots 1 and 2, Block 1, Square 4, in Salem, Marion county, Illinois. That said premises were two tenements occupied by defendants, Eothchild and Gibbs. That complainant as owner was entitled to the rents from 1st June, 1859. That defendants, Eothchild and Gibbs, were the tenants.
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The original bill was filed by Richard Atkin, complainant, against Minerva Merrell, L. B. Eothchild, and Henry Gibbs, defendants. The bill states, that said Atkin is owner in fee of part of Lots 1 and 2, Block 1, Square 4, in Salem, Marion county, Illinois. That said premises were two tenements occupied by defendants, Eothchild and Gibbs. That complainant as owner was entitled to the rents from 1st June, 1859. That defendants, Eothchild and Gibbs, were the tenants. That complainant applied to them for the rents. That they combining with defendant, Minerva Merrell, refused to pay said rents.…
1Opinion of the CourtCaton, C. J.
This is a bill in chancery to recover certain rents alleged to have been wrongfully paid by the tenants to the defendant. The answer to this bill is manifest. The complainant’s remedy is at law. If he is entitled to the rents, he can recover them in an action, or he may distrain for them. If the tenants have wrongfully paid the rents to the defendant, that would constitute no defense to a recovery by the complainant if he is entitled to them.
It may be remarked, that if this bill showed a proper case for relief, this decree would have to be reversed for want of proper parties. The answer which…
2Cited by3 opinions
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- Claussen v. ClaussenIllinois Supreme Court · 1917
- Humphreys v. OrreyAppellate Court of Illinois · 1921