Milmine v. Burnham
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. Lyman Lacey, Judge, presiding. This -was a bill in equity, by George Milmine and Edward C. Bod man, against A. C. Burnham, Robert F. Davidson, James Surplis, Catharine Surplis, his wife, Harmond Stevens and Daniel Buskirk, for the correction of a mistake in, and a foreclosure of a mortgage given by Surplis and wife to the complainants. The opinion of the court states the material facts.
1Opinion of the CourtJustice Scott
On the hearing of this cause, the court found certain facts, and by stipulation of parties it is agreed the evidence introduced sustains the finding. The facts out of which the controversy arose being uncontroverted, a brief statement may be made: In 1867, one William A. Conkey sold a tract of land to James Surplis, but in making the deed an error occurred in the description; the description given in the deed located it in a quarter section in which Conkey owned no land. No other error occurred in. the description. Surplis, however, with the consent of the grantor, took possession, and in…
2Cases cited1 opinion
- Massey v. WestcottIllinois Supreme Court · 1866
3Cited by6 opinions
- Gary v. NewtonIllinois Supreme Court · 1903
- Citizens' National Bank v. DaytonIllinois Supreme Court · 1886
- Learned v. TritchSupreme Court of Colorado · 1882
- Anderson v. Pettigrew Foundry Co.Appellate Court of Illinois · 1938
- Chicago Savings Bank & Trust Co. v. ColemanIllinois Supreme Court · 1918
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