Seaman v. Cook
Illinois Supreme Court
This was an attachment suit sued out of the Cook County Court of Common Pleas, returnable at the February term, 1853, by the appellee, against the appellant, and levied upon the land in question; and after obtaining judgment therein against said Seaman, filed his bill on the chancery side thereof, to subject Seaman’s interest in the land attached to sale for the satisfaction of said judgment. The facts sufficiently appear in the opinion.
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This was an attachment suit sued out of the Cook County Court of Common Pleas, returnable at the February term, 1853, by the appellee, against the appellant, and levied upon the land in question; and after obtaining judgment therein against said Seaman, filed his bill on the chancery side thereof, to subject Seaman’s interest in the land attached to sale for the satisfaction of said judgment. The facts sufficiently appear in the opinion. Decree entered, settling the interest of Seaman, and ordering a sale thereof, in satisfaction of said judgment. Seaman prosecuted his writ of error.
1Opinion of the CourtScates, J.
Cook sued out an attachment; which was levied on the land in question ; and after obtaining a judgment against Seaman, filed this bill, to subject Seaman’s interest in the land to sale, for the satisfaction of the judgment.
The question presented is, Whether Seaman has any interest in the land upon a resulting trust; and if so, its extent.
Thomas Drake died in New York City, in 1800, leaving real and personal estate there worth $23,000, and Susannah, his widow, a son, and three daughters.
The widow administered, and managed the whole estate and its proceeds for thirty-seven years, investing and…
2Cases cited1 opinion
- Hovey v. HolcombIllinois Supreme Court · 1850
3Cited by12 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Merket v. SmithSupreme Court of Kansas · 1885
- John v. BattleTexas Supreme Court · 1883
- Stephenson v. McClintockIllinois Supreme Court · 1892
- Ward v. ArmstrongIllinois Supreme Court · 1876
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