Legal Opinion

Shafer v. Davis

Illinois Supreme Court

Decided December 15, 1851PublishedCited by 2 opinions

Adam Shafer brought suit in the Brown Circuit Court against John Davis, for trespass in breaking his close and taking and carrying away rails, damaging grass, &c., at the September term, 1849. Said John Davis filed his bill on the chancery side of said court, for an injunction to stay proceeding on said suit at law, setting out, that on the 10th day of April, 1848, said Davis was the owner in fee of S. E., S. E. Sec. 16, 1 S. 4 W., the premises upon which the trespass, in…

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Adam Shafer brought suit in the Brown Circuit Court against John Davis, for trespass in breaking his close and taking and carrying away rails, damaging grass, &c., at the September term, 1849. Said John Davis filed his bill on the chancery side of said court, for an injunction to stay proceeding on said suit at law, setting out, that on the 10th day of April, 1848, said Davis was the owner in fee of S. E., S. E. Sec. 16, 1 S. 4 W., the premises upon which the trespass, in said suit at law, is charged to have been committed ; that he, Davis, sold said premises to one Gillis, by contract in…

1Opinion of the CourtTreat, C. J.

This decree cannot be sustained. The bill discloses no case for the interference of a court of equity. It does not call for a discovery of facts, to aid the complainant in his defence to the action at law. Nor does it seek to reform the conveyance. It does not allege that any mistake was made in the writing of the instrument. The complainant does not pretend that he executed the deed under the impression that it contained a reservation of the fence. On the contrary, he expressly states that he did not require the reservation to be inserted, because he considered it unnecessary. He sets up no…

2Cited by2 opinions

  1. Fowler v. BlackIllinois Supreme Court · 1891
  2. Oswald v. SproehnleAppellate Court of Illinois · 1885

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