Legal Opinion

Allison v. Perry

Illinois Supreme Court

Decided October 31, 1889PublishedCited by 4 opinions

Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Ogle county; the Hon. William Brown, Judge, presiding.

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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Ogle county; the Hon. William Brown, Judge, presiding. John Allison filed his bill against I. N. Perry and M. D. Hathaway, setting forth, among other things, the purchase of about six hundred acres of land, known as the “O. J. Booth land,” by the three parties to the suit, in equal shares, and as partners, and charging that Perry promised the complainant to take into the partnership, as assets, the “Royal lands,” (about one hundred and ten acres belonging to him, Allison,) at $55…

1Opinion of the Court

Mr. Chief Justice

Shops delivered the opinion of the Court:

The principal question presented by this record is one of fact. We shall not undertake to review and analyze the evidence, which is very voluminous. It is enough to say, that we have given it careful consideration, and agree with the Appellate and circuit courts in their findings of fact. There is much of the evidence that is irrelevant, but it will be presumed, in the absence of anything showing to the contrary, that the master and the court below acted only upon such as was properly admissible under the issues.

The evidence is amply…

2Cases cited3 opinions

  1. Cox v. PierceIllinois Supreme Court · 1887
  2. York v. ClemensSupreme Court of Iowa · 1875
  3. Wallace v. CarpenterIllinois Supreme Court · 1877

3Cited by4 opinions

  1. Champion v. McCarthyIllinois Supreme Court · 1907
  2. Gardenhire v. RayAppellate Court of Illinois · 1939
  3. Schumann v. HelbergAppellate Court of Illinois · 1896
  4. Guarantee Gold Bond, Loan & Savings Co. v. EdwardsCourt Of Appeals Of Indian Territory · 1907

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