(Download) "People Ex Rel. Honefenger v. Burris" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: People Ex Rel. Honefenger v. Burris
- Author : Supreme Court of Illinois
- Release Date : January 27, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This cause comes before us on the consolidation of three separate appeals from orders of the circuit court of Douglas Page 48 County. In order to clarify its present posture, it is necessary to trace the development of the litigation which had its genesis in an action where Charles L. Sharp, now deceased, took judgment by confession on certain notes signed by Martin B. Kennedy, now deceased, and the defendant, Grace Kennedy, his wife. Defendant moved to open the judgment and for leave to plead, and upon denial of the motion appealed to the Appellate Court which reversed the trial court, opened the judgment, and granted such leave. (Sharp v. Kennedy, 12 Ill. App.2d 353.) In the interim, Sharp died and his executor was substituted in his stead. The executor, together with Sharps heirs and devisees, filed a complaint for partition of certain real estate owned by Sharp and Martin B. Kennedy as tenants in common. Grace Kennedy, as Martins sole legatee, devisee and executor, filed answer and counterclaim in the partition action wherein she alleged that Sharp and Martin B. Kennedy had entered into a contract whereby Sharp agreed to cancel the judgment notes by will, and Martin agreed to purchase Sharps interest in the real estate for $3,500 shortly after Sharps death. The answer prayed dismissal of the suit for partition, and the counterclaim prayed specific performance of the alleged agreement. The actions were consolidated in the trial court.
 "People Ex Rel. Honefenger v. Burris" by Supreme Court of Illinois " Book PDF Kindle ePub Free){kind=link}