Curtiss v. Brown
Illinois Supreme Court
This record states that the bill of complaint of James Curtiss, and Mary Curtiss his wife, against William H. Brown, was, by the said complainants in person, filed in Cook County Court of Common Pleas, on 16th day of September, 1852. This bill sets forth that the complainant, James Curtiss, was, prior to that time, seized in fee simple of a great number of tracts of land, including blocks 44 and 45, in Carpenter’s Addition to Chicago, which were sold on execution in…
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This record states that the bill of complaint of James Curtiss, and Mary Curtiss his wife, against William H. Brown, was, by the said complainants in person, filed in Cook County Court of Common Pleas, on 16th day of September, 1852. This bill sets forth that the complainant, James Curtiss, was, prior to that time, seized in fee simple of a great number of tracts of land, including blocks 44 and 45, in Carpenter’s Addition to Chicago, which were sold on execution in satisfaction of judgments against him, and that by virtue of such sale and otherwise, the title to said lands became vested in…
1Opinion of the CourtCaton, C. J.
In no possible contingency which we can anticipate, could the estate which was conveyed by Gray to Brown by this trust deed, revert to the grantor; hence there was no necessity to make him a party to the bill. The objection for the want of proper parties cannot prevail.
The most important question presented, and that which is ultimately to have a controling influence on the rights of these parties, is, had the court of chancery jurisdiction or power to entertain the first bill, and to render the decree ? If it had no such jurisdiction, then the decree was utterly void, and must be so treated…
2Cited by66 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Malone v. MeresSupreme Court of Florida · 1926
- Hale v. HaleIllinois Supreme Court · 1893
- Dodge v. ColeIllinois Supreme Court · 1881
- Gavin v. CurtinIllinois Supreme Court · 1898
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