Cartwright v. Wise
Illinois Supreme Court
This was a bill filed by the appellant in the Knox Circuit Court, on the chancery side thereof, for relief. The bill alleges, in substance, that, in 1850, ihe complainant purchased of the defendant, Andrew Wise, who was in possession of the land described in said bill, and who represented himself the owner thereof, and paid him the consideration agreed upon, and received from him a warranty deed of the same.
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This was a bill filed by the appellant in the Knox Circuit Court, on the chancery side thereof, for relief. The bill alleges, in substance, that, in 1850, ihe complainant purchased of the defendant, Andrew Wise, who was in possession of the land described in said bill, and who represented himself the owner thereof, and paid him the consideration agreed upon, and received from him a warranty deed of the same. The bill also alleges, that said Andrew purchased said land at government sale, and paid his own money therefor; but for certain reasons assigned in the bill, had the land entered in the…
1Opinion of the CourtCaton, J.
There are several good reasons why this decree should be affirmed. In the first place, the witness by whom the allegations of the bill were attempted to be established, was an interested and an incompetent witness. He was interested in forcing a title to the land, from his unfortunate son, that he might not be called upon to refund the money which he had received from a sale of the land. He had sold the land, and received the. money for it, representing himself to be the owner. If the title is not made good to the purchaser, he, of course, is liable to an action for the money thus received.…
2Cited by11 opinions
- Huling v. HulingAppellate Court of Illinois · 1889
- Eidam v. FinneganSupreme Court of Minnesota · 1892
- Johnston v. JohnstonIllinois Supreme Court · 1891
- Maxwell v. MaxwellIllinois Supreme Court · 1884
- Neblett v. NeblettMississippi Supreme Court · 1893
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