Ranson v. Ranson
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. R. B. Shirley, Judge, presiding. The bill in this qase was filed by appellants against the heirs and executors of James Ranson, deceased, for the specific performance of an alleged oral agreement made by James Ranson, in his lifetime, to convey to the appellant George B. Ranson, his son, one hundred and sixty acres of land described in the bill.
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Appeal from the Circuit Court of Morgan county; the Hon. R. B. Shirley, Judge, presiding. The bill in this qase was filed by appellants against the heirs and executors of James Ranson, deceased, for the specific performance of an alleged oral agreement made by James Ranson, in his lifetime, to convey to the appellant George B. Ranson, his son, one hundred and sixty acres of land described in the bill. George B. Ranson entered into possession of the south half of the south-east quarter of section 4, town 18, north, range n, west, more than thirty years before the death of his father, which…
1Opinion of the CourtJustice Farmer
The contract declared on in the bill being oral, it was void under the Statute of Frauds unless there was such part performance of it as to take it out of the operation of said statute. To effect this result the proof must be clear and definite that the possession was taken under the agreement relied upon and in part performance of it, and that the improvements were made under the contract itself, and not otherwise. This is the rule uniformly adhered to in this State. (Wood v. Thornly, 58 Ill. 464; Padfield v. Padfield, 92 id. 198; Pickerell v. Morss, 97 id. 220; Clark v. Clark, 122 id. 388;…
2Cases cited7 opinions
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Harrison v. HarrisonWest Virginia Supreme Court · 1892
- Wood v. ThornlyIllinois Supreme Court · 1871
- Worth v. WorthIllinois Supreme Court · 1877
- Rucker v. AbellCourt of Appeals of Kentucky · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Weir v. WeirIllinois Supreme Court · 1919
- Burdick v. GrimshawNew Jersey Court of Chancery · 1933
- Blaise v. SteinAppellate Court of Illinois · 1979
- Lonergan v. DailyIllinois Supreme Court · 1914
- Wilger v. WilgerIllinois Supreme Court · 1951
5 more not listed; retrieve them via the Exa API.