Parsons v. Ely
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. James A. Parsons, the appellant, filed his bill in equity against David J. Ely and others, appellees, in the Circuit Court of Cook county, on the 28th day of April, A. D. 1863, to compel them to convey to him certain premises in the city of Chicago, to which he claimed title as the heir of his deceased child, Sarah Ely Parsons, the legal title to said premises being vested in the…
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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. James A. Parsons, the appellant, filed his bill in equity against David J. Ely and others, appellees, in the Circuit Court of Cook county, on the 28th day of April, A. D. 1863, to compel them to convey to him certain premises in the city of Chicago, to which he claimed title as the heir of his deceased child, Sarah Ely Parsons, the legal title to said premises being vested in the appellees. On the 4th day of ¡November, 1858, the appellant married Sarah A. Ely; and on the 2'7th of April, 1860, a child…
1Opinion of the Court
Mr. Cheif Justice Breese
delivered the opinion of the Court:
The view we have taken of the case presented by this record, renders it unnecessary to consider the question whether the deed of November 3, 1858, did or did not create a perpetuity by limiting the estate upon a contingency so remote as to . avoid it for that reason. "We have neither the time nor the inclination, as a proper decision of the case does not demand it, to explore that field, or to discuss the abstruse subject of a condition and a conditional limitation of an estate, and the refined and subtle distinctions between them. We…
2Cited by14 opinions
- Crum v. SawyerIllinois Supreme Court · 1890
- Kershaw v. KershawIllinois Supreme Court · 1882
- Gary v. NewtonIllinois Supreme Court · 1903
- Simpson v. SimpsonIllinois Supreme Court · 1885
- Donough v. GarlandIllinois Supreme Court · 1915
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