Heath v. Hurless
Illinois Supreme Court
Writ oe Error to the Circuit Court of Whiteside county; the Hon. George W. Pleasants, Judge, presiding. Samuel F. Hurless, by his amended bill filed in the court below on the 13th of April, 1868, alleges that, on the 31st day of January, 1865, he purchased of Walter Harmon, since then deceased, certain lands, described in an exhibit thereto annexed, for the sum of $6115.50, being at the rate of $40 per acre; that Harmon made and delivered to him a deed for the lands, by…
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Writ oe Error to the Circuit Court of Whiteside county; the Hon. George W. Pleasants, Judge, presiding. Samuel F. Hurless, by his amended bill filed in the court below on the 13th of April, 1868, alleges that, on the 31st day of January, 1865, he purchased of Walter Harmon, since then deceased, certain lands, described in an exhibit thereto annexed, for the sum of $6115.50, being at the rate of $40 per acre; that Harmon made and delivered to him a deed for the lands, by which he covenanted that he was well seized in fee simple of a good, sure and perfect title thereto, and that the same were…
1Opinion of the CourtJustice Scholfield
The hill in the present case is claimed to be in the nature of a bill of interpleader. Such a bill is said to differ from a bill of interpleader, in this: the complainant, by it, seeks not only to have the conflicting claims of the defendants against himself, which he desires to discharge to the proper parties, adjudicated, but also some affirmative relief; whereas in a bill of inter-pleader, strictly, he only asks that he may be at liberty to pay money or deliver property to the party to whom it of right belongs, and that he may, thereafter, be protected against the claims of both. 2…
2Cases cited1 opinion
- Jordan v. DeatonSupreme Court of Arkansas · 1861
3Cited by4 opinions
- Matlack v. KlineSupreme Court of Missouri · 1919
- National Union v. KeefeAppellate Court of Illinois · 1912
- Brocklebank v. LasherAppellate Court of Illinois · 1903
- Foerster v. EnzenbacherAppellate Court of Illinois · 1913