Wallwork v. Derby
Illinois Supreme Court
Appeal from the- Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit in chancery, instituted in the court below, by John Wallwork against William M. Derby and Henry S. Monroe.
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Appeal from the- Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit in chancery, instituted in the court below, by John Wallwork against William M. Derby and Henry S. Monroe. The object of the bill was, to set aside a sale and conveyance made by the defendant Monroe, to the defendant Derby, of two tracts of land in Cook county, under a deed of trust from one Charles Boadnight and wife to the said Monroe, with power of sale, to pay certain notes from Boadnight to Derby. The cause was tried in the court below, and the bill dismissed, from which decree the…
1Opinion of the CourtJustice Breese
This record presents but one point which we deem worthy of consideration.
Two separate tracts of land, particularly described by their government numbers, were conveyed by Boadnight and wife to Monroe, in trust, to sell, in the event that certain notes Boadnight had executed to Derby were not paid. The lands were again sold by Boadnight to the complainant, Wallwork, described as in the deed to Monroe, subject to this deed.
In the deed to Monroe, is this clause:
“ And also to sell said premises entire, without division or in parcels, as the said party of the second part (Monroe), may think best.5’
2Cited by2 opinions
- Bickerdike v. AllenIllinois Supreme Court · 1895
- Bradford v. CarpenterSupreme Court of Colorado · 1889