Chicago & Great Western Railroad Land Co. v. Peck
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. B. S. Williams, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. B. S. Williams, Judge, presiding. David A. Gage, being the owner of one thousand or eleven hundred acres of land, now constituting a part of Riverside, some time in June or July, 1868, with the aid of his friend, Obadiah, Jackson, sold the same to Emery B. Childs, for $300,000, of which $20,000 was paid down, reserving one-tenth of the profits of the proposed scheme to Gage, and a like share for Jackson. Subsequent payments were made with money borrowed…
1Opinion of the CourtJustice Sheldon
There are some preliminary questions, here, which may properly be first considered.
It is insisted that there is a freehold involved, and that the motion made 'in the Appellate Court to dismiss the writ of error there, on that ground, should have been sustained, under the provision of the statute requiring appeals and writs of error, in cases where a freehold is involved, to be prosecuted directly to and sued out from the Supreme Court. It is true that the decree does set aside certain deeds, and there may be found, perhaps, in one of the cross-bills, a prayer that they should be set aside;…
2Cases cited10 opinions
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Smith v. South Royalton BankSupreme Court of Vermont · 1859
- Stanley v. ValentineIllinois Supreme Court · 1875
- Van Vechten v. TerryNew York Court of Chancery · 1816
- Barbour v. Scottish-American Mortgage Co.Illinois Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Sanford v. KaneIllinois Supreme Court · 1889
- United States v. Armour & Co.District Court, N.D. Illinois · 1906
- Kirby v. RunalsIllinois Supreme Court · 1892
- McKeown v. CollinsSupreme Court of Florida · 1896
- White v. MacQueenIllinois Supreme Court · 1935
41 more not listed; retrieve them via the Exa API.