Adkinson v. Tanner

Citations

• 68 Ill. 247

Syllabus

<p>1. Specific performance—parol contract for sale of land. Where the weight of the evidence showed a verbal contract for the sale of forty acres of land some nine years before the filing of the bill, and the payment in full of the price in a horse, and the taking of possession by the purchaser, the making of improvements on the land, and the continuance of such possession for several years, when the vendor, finding the premises unoccupied, resumed possession and refused to convey, it was held, that the purchaser was’ entitled to a specific performance of the contract, the Statute of Frauds not being pleaded.</p> <p>3. Same—-evidence to defeat. On bill for specific performance of a verbal contract for the sale of land, proof on the part of the vendor that he had verbally sold the land to the deceased husband of the complainant in his lifetime, was regarded as not material to the issue, the question being whether he had sold to the complainant. The equities of the heirs of the deceased party could be settled in another suit.</p>