Croft v. Perkins
Illinois Supreme Court
Writ of Error to the Circuit Court of Effingham county; the Hon. S. L. Dwight, Judge, presiding. The bill in this case was filed by Fred Croft and Margaret Croft, plaintiffs in error, to set aside a deed made by them to William J. Perkins for 220 acres of land in Effing'ham county, Illinois, or in case the deed should not be set aside, the bill asks for a strict foreclosure of a vendor’s lien upon the land so deeded, for the amount of the unpaid purchase money.
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Writ of Error to the Circuit Court of Effingham county; the Hon. S. L. Dwight, Judge, presiding. The bill in this case was filed by Fred Croft and Margaret Croft, plaintiffs in error, to set aside a deed made by them to William J. Perkins for 220 acres of land in Effing'ham county, Illinois, or in case the deed should not be set aside, the bill asks for a strict foreclosure of a vendor’s lien upon the land so deeded, for the amount of the unpaid purchase money. The bill alleges that on the 7th day of December, 1895, a contract was entered into in writing between Fred Croft and William J.…
1Opinion of the CourtJustice Craig
First—Was there a subsequent verbal contract changing or modifying the written contract? The defendant Perkins claims that the written agreement was abandoned by both parties. The complainant Croft denies this, and avers that the sale was made under the written contract, and that he made no verbal agreement with the defendant Perkins for the sale of the land in controversy. The burden of proof is upon the defendants to prove, by a preponderance of the evidence, the making of the alleged subsequent verbal contract. The only direct evidence on this point is the testimony of defendant W. J.…
2Cases cited1 opinion
- Robinson v. AppletonIllinois Supreme Court · 1888
3Cited by4 opinions
- Oppenheimer v. SzulereckiIllinois Supreme Court · 1921
- Wright v. BuchananIllinois Supreme Court · 1919
- Wendell v. PinneoAppellate Court of Illinois · 1906
- King v. RiceAppellate Court of Illinois · 1917