Bragg v. Olson

Citations

• 128 Ill. 540
• 21 N.E. 519

Syllabus

<p>1. Specific performance—title in litigation. Where, by the terms of a contract, the vendor is required to make the vendee a warranty deed at the termination of certain litigation concerning the title, the former can not object to a decree, on bill for specific performance, requiring him to convey whatever title he has, although his title has not yet been established in the litigation.</p> <p>2. Laches—to defeat a specific performance. Where the purchaser of land in 1863 was let into the immediate possession, and occupied and improved the premises up to his death, in 1867, and his widow and heirs continued in such possession for twenty years or more, it was held, on bill by the widow and heirs for a specific performance of the contract, that the defense of laches could have no application.</p> <p>3. Statute of Frauds—must he pleaded. The Statute of Frauds must be pleaded, to be available as a defense.</p> <p>á. Same—part performance—to take a case out of the statute. The delivery oí possession of land by the vendor, the payment of the purchase money and the making of valuable improvements on the premises by the purchaser and his heirs, will take a parol contract of sale out of the Statute of Frauds.</p> <p>5. Practice—time to object—want of proper parties—in chancery. After a decree for the specific performance of a contract for the sale of land between the parties thereto, it will be too late to raise the question that the representatives of a third party, deceased, are necessary parties, no such question having been raised by demurrer, plea or answer in the court below.</p>