Hutchinson v. Coonley
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This was an action of ejectment, brought in the circuit court of Cook county by John S. Coonley, appellee, against John Hutchinson and his wife, Annie Hutchinson, appellants, to recover two certain lots in the city of Chicago. Both parties claim title from Imogene L. Hanchett Cobb, formerly Imogene L. Hanchett.
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Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This was an action of ejectment, brought in the circuit court of Cook county by John S. Coonley, appellee, against John Hutchinson and his wife, Annie Hutchinson, appellants, to recover two certain lots in the city of Chicago. Both parties claim title from Imogene L. Hanchett Cobb, formerly Imogene L. Hanchett. At the conclusion of all the evidence the jury returned a verdict for the plaintiff, Coonley, in compliance with a peremptory instruction which was given upon his motion. The evidence in chief…
1Opinion of the CourtJustice Scott
We regard the rights of the parties under the contract evidenced by the receipt as being merged in the written agreement of November 8, 1889. After the execution of that agreement Hutchinson and wife were purchasers in possession under a contract of purchase, and a suit in ejectment could not be maintained against them until they had in some manner made default in the performance thereof. Stow v. Russell, 36 Ill. 18; Kilgour v. Gockley, 83 id. 109; Chicago and Eastern Illinois Railroad Co. v. Hay, 119 id. 493.
The first thing in point of time required by this contract was that Imogene L.…
2Cases cited2 opinions
- Stow v. RussellIllinois Supreme Court · 1864
- Howe v. HutchisonIllinois Supreme Court · 1883
3Cited by7 opinions
- Fuchs v. PetersonIllinois Supreme Court · 1925
- Coles v. MeskimenOregon Supreme Court · 1906
- Bakaitis v. FinkIllinois Supreme Court · 1930
- Reynolds v. BeanSupreme Court of Vermont · 1917
- Gerritsen v. DraneyWyoming Supreme Court · 1960
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