Gary v. Newton
Illinois Supreme Court
Appeal from the Circuit Court of Macoupin county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill for partition, filed on January 15, 1901, in the circuit court of Macoupin county by the appellants, Anna Gary and Etta Gary, against the appellees herein for the partition of three hundred and sixty acres of land.
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Appeal from the Circuit Court of Macoupin county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill for partition, filed on January 15, 1901, in the circuit court of Macoupin county by the appellants, Anna Gary and Etta Gary, against the appellees herein for the partition of three hundred and sixty acres of land. The appellees are Sarah Gary, Mary Holliday, James Frederick Gary, William A. Gary, Henry H. Gary, William A. Gary as administrator of the estate of Thomas E. Gary, deceased, Elmer E. Gary, and certain judgment creditors of James Frederick Gary, to-wit, R. Newton, C. H.…
1Opinion of the CourtChief Justice Magruder
The main question, presented by the record in this case, relates to the validity of the oral agreement, alleged by appellants to have been made between James F. Gary and his father, Thomas E. Gary, in the lifetime of the latter, by the terms of which it is claimed that Thomas E. Gary paid to his son the sum of §500.00 on November 27, 1893, and that, in consideration of such payment, James Frederick Gary agreed to convey, assign and release to his father all his right, title, share and interest in and to any and all estate, of which his father might thereafter die seized. It will be observed…
2Cases cited15 opinions
- Burton v. PerryIllinois Supreme Court · 1893
- Quarles v. QuarlesMassachusetts Supreme Judicial Court · 1808
- Dicken v. McKinleyIllinois Supreme Court · 1896
- Riggles v. ErneySupreme Court of the United States · 1894
- Hamilton v. HarveyIllinois Supreme Court · 1887
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3Cited by18 opinions
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- East St. Louis Lumber Co. v. SchnipperIllinois Supreme Court · 1923
- Weiner v. JobstIllinois Supreme Court · 1961
- Pasquay v. PasquayIllinois Supreme Court · 1908
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