Henderson v. Virden Coal Co.
Appellate Court of Illinois
Bill to Have Conveyances of Beal Estate Set Aside as fraudulent and clouds upon title. Trial in the Circuit Court of Macoupin County; the Hon. Robert B. Shirley, Judge, presiding. Bill dismissed on demurrer. Appeal by complainant.
1Opinion of the CourtJustice Glenn
The demurrer in this case is to the merits, and in bar of the relief sought, and proceeds on the ground that, admitting the facts stated in the bill to be true, the complainant is not entitled to the relief he seeks. A demurrer in chancery is always founded on some strong point of law, going to the absolute denial of the relief sought. Defects in substance are not supplied or aided by it, nor defective statements of title or claims to relief cured by it. The demurrer only admits that which is well stated or pleaded. It does not admit any matters of law which may be suggested in the bill or…
2Cases cited13 opinions
- Stow v. RussellIllinois Supreme Court · 1864
- Alexander v. Tolleston ClubIllinois Supreme Court · 1884
- American Loan & Trust Co. v. Minnesota & Northwestern RailroadIllinois Supreme Court · 1895
- Hart v. SeymourIllinois Supreme Court · 1893
- Barnes v. SuddardIllinois Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cuthbert v. StempinAppellate Court of Illinois · 1979
- Glabman v. BouhallAppellate Court of Illinois · 1980
- Tipton v. NorthSupreme Court of Oklahoma · 1939
- Davis v. Nokomis Quarry, Inc.Appellate Court of Illinois · 1979
- Fields v. BrownAppellate Court of Illinois · 1900
4 more not listed; retrieve them via the Exa API.