Williams v. Williams
Illinois Supreme Court
Writ of Error to the Circuit Court of Piatt county; the Hon. W. G. Cochrane, Judge, presiding. This is a bill, filed by the plaintiffs in error against the defendant in error on January 24,1898, in the circuit court of Piatt county to compel the defendant in error to re-convey an eighty-acre tract of land, described in the bill, to Sarah E. Williams, in accordance with an agreement alleged to have been entered into by the parties at the time of the conveyance; and for…
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Writ of Error to the Circuit Court of Piatt county; the Hon. W. G. Cochrane, Judge, presiding. This is a bill, filed by the plaintiffs in error against the defendant in error on January 24,1898, in the circuit court of Piatt county to compel the defendant in error to re-convey an eighty-acre tract of land, described in the bill, to Sarah E. Williams, in accordance with an agreement alleged to have been entered into by the parties at the time of the conveyance; and for specific performance and an accounting. The defendant filed an answer, denying the material allegations of the bill. Upon…
1Opinion of the CourtJustice Magruder
The bill in this case is filed for the purpose of enforcing an alleged parol trust. It alleges, that the plaintiffs in error conveyed the property to the defendant in error upon a parol promise by .the latter, that he would re-convey the property to the plaintiff in error, Sarah E. Williams, when he should have paid off the encumbrance thereon. The creation of the trust, alleged to have been declared, is not manifested by any writing. The trust, thus resting entirely in parol, is not a constructive trust, arising by implication or by operation of law, but is an express trust. (Rogers v.…
2Cases cited8 opinions
- Perry v. McHenryIllinois Supreme Court · 1851
- Burgett v. OsborneIllinois Supreme Court · 1898
- Stevenson v. CrapnellIllinois Supreme Court · 1885
- Lantry v. LantryIllinois Supreme Court · 1869
- Gruhn v. RichardsonIllinois Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jasinski v. StankowskiCourt of Appeals of Maryland · 1924
- Kimmel v. BundyIllinois Supreme Court · 1922
- Leupold v. LeupoldCourt of Appeals of Maryland · 1929
- Millikin Trust Co. v. GregoryAppellate Court of Illinois · 1937
- Donohoe v. LandoeMontana Supreme Court · 1952
6 more not listed; retrieve them via the Exa API.