Morse v. Seibold
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon, T. M. Shaw, Judge, presiding. This is a bill filed in the Circuit Court of Peoria County on November 2, 1889, by appellant against appellees and one Clinton for the specific performance of a contract, by which appellee, Baltheus F. Seibold, agreed to sell to appellant* Morse, six acres of land. The defendants answered the bill* denying the material allegations and charging laches on the part of the complainant.
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Appeal from the Circuit Court of Peoria county; the Hon, T. M. Shaw, Judge, presiding. This is a bill filed in the Circuit Court of Peoria County on November 2, 1889, by appellant against appellees and one Clinton for the specific performance of a contract, by which appellee, Baltheus F. Seibold, agreed to sell to appellant* Morse, six acres of land. The defendants answered the bill* denying the material allegations and charging laches on the part of the complainant. Clinton filed a cross-bill. The Circuit Court by its decree dismissed both the cross-bill and the original bill for want of…
1Opinion of the CourtJustice Magruder
The material question in this ease, and the only one which we deem it necessary to consider, is the question of laches. Has the appellant been guilty of such delay in filing his bill as to make it- inequitable to grant him a specific performance of the contract ?
It is claimed by appellees, that B. F. Seibold acquired title by an adverse possession of twenty years on April 2, 1888, as he had been in possession of the premises ever since April 2, 1868, the date of his deed from Harseh; and that appellant was guilty of laches, because he waited nineteen months after the expiration of the twenty…
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