Legal Opinion

Franz v. Orton

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 11 opinions

Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was a bill in equity, filed by Lorenz Franz against John J. Orton, Joseph A. Sleeper and Henry K. Whiton, to compel the specific performance of a contract for the sale of the S. E. qr. sec. 32, T. 37, R. 13 E. of the third principal meridian, in Cook county, Illinois. John Sheldon was admitted a party defendant on his application.

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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was a bill in equity, filed by Lorenz Franz against John J. Orton, Joseph A. Sleeper and Henry K. Whiton, to compel the specific performance of a contract for the sale of the S. E. qr. sec. 32, T. 37, R. 13 E. of the third principal meridian, in Cook county, Illinois. John Sheldon was admitted a party defendant on his application. The opinion of the court contains a statement of the material facts of the case.

1Opinion of the CourtChief Justice Walker

It appears that appellee Sheldon was the owner of the quarter section of land in dispute many years before this controversy arose; that he had resided on it, but in latter years had rented it to tenants, who lived upon and cultivated it, paying him rent therefor. In April, 1872, the land was rented to a farmer and his son, who resided on an adjoining .farm, and they cultivated the place and used it for pasture. In the year 1870 Sheldon, becoming involved in litigation in regard to some mortgages on the land, and being unable to provide himself with means to prosecute the litigation, induced…

2Cases cited2 opinions

  1. Rupert v. MarkIllinois Supreme Court · 1854
  2. Keys v. TestIllinois Supreme Court · 1864

3Cited by11 opinions

  1. Brunson v. BrooksSupreme Court of Alabama · 1880
  2. Adair v. AdairOregon Supreme Court · 1892
  3. Allen v. WoodruffIllinois Supreme Court · 1880
  4. Gallagher v. NorthrupIllinois Supreme Court · 1905
  5. Thomas v. BurnettIllinois Supreme Court · 1889

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