Carver v. Lasater

Citations

• 36 Ill. 182

Syllabus

<p>1. Chancery—finding for defendant for costs, equivalent to a dismissal of Trill. The hading of a court of chancery on the hearing of a cause, on the bill, answer, replication and depositions, “for the defendant for costs,” etc., is, in effect, a dismissal of the bill.</p> <p>2. Same—when title will he decreed. Unless the testimony makes a clear case, a court of equity will not decree the legal title out of the true owner without any compensation being made to him, in the absence of fraud or dishonest practice on the part of the real owner.</p> <p>3. Same—vendor can waive forfeiture. If the vendor of land chooses to waive a forfeiture in favor of a purchaser from his vendee, he is at liberty to do so, but equity will not compel him.</p> <p>4. Same — clear proof required to decree a specific performance. A court of equity should not, in any case, decree a specific performance, and divest the owner of land of his title, except upon clear proof.</p>