Legal Opinion

Cheney v. Ricks

Illinois Supreme Court

Decided November 1, 1897PublishedCited by 30 opinions

Appeal from the Circuit Court of Christian county; the Hon. Robert B. Shirley, Judge, presiding. This was a bill in chancery, brought by appellees, against Prentiss D. Cheney and others, praying that partition be made of a number of tracts of land in Christian county, aggregating 5481 acres, which, as the bill alleged, were owned by the said complainants and the said Prentiss D. Cheney as tenants in common.

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Appeal from the Circuit Court of Christian county; the Hon. Robert B. Shirley, Judge, presiding. This was a bill in chancery, brought by appellees, against Prentiss D. Cheney and others, praying that partition be made of a number of tracts of land in Christian county, aggregating 5481 acres, which, as the bill alleged, were owned by the said complainants and the said Prentiss D. Cheney as tenants in common. The bill charged that the lands were originally owned by one Dr. Edward A. D’Arcy, who died April 25, 1863, leaving a will, which contained a clause devising the lands, as follows:…

1Opinion of the CourtJustice Boggs

The court correctly refused to decree specific performance of the agreement between Dr. E. A. D’Arcy, deceased, and the appellant, Prentiss D. Cheney. This agreement was executed on the 13th day of May, 1862, and at the same time a similar agreement, relating to other tracts of said land, was entered into between said D’Arcy and F. H. Teese, husband of another daughter of said D’Arcy. The wife of the appellant, Cheney, and Mrs. Teese were the only children of D’Arcy, and while these agreements are in form contracts for the sale and conveyance of the lands mentioned in them, respectively, we…

2Cases cited6 opinions

  1. Patterson v. DonnerCalifornia Supreme Court · 1874
  2. Loomis v. RileyIllinois Supreme Court · 1860
  3. Cheney v. TeeseIllinois Supreme Court · 1884
  4. Willard v. BassettIllinois Supreme Court · 1861
  5. Vogle v. BrownIllinois Supreme Court · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Gilbert A. Cuneo v. Donald H. RumsfeldCourt of Appeals for the D.C. Circuit · 1977
  2. Swanson & Setzke, Chtd. v. HenningIdaho Court of Appeals · 1989
  3. Weaver v. LaubSupreme Court of Oklahoma · 1977
  4. Gray v. RobertsonIllinois Supreme Court · 1898
  5. Arnold v. ArnoldIllinois Supreme Court · 1923

25 more not listed; retrieve them via the Exa API.

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