Fitzsimmons v. Allen's Administrator

Citations

• 39 Ill. 440

Syllabus

<p>1. Statute of frauds—paro? sale of land. Where, upon a sale of lands, the consideration was fully paid and the possession given to the purchaser, this is a sufficient performance to take the case out of the statute of frauds, although there was no written evidence of the sale.</p> <p>2. Hence, where A and F made an exchange of lands, each going at once into the possession of the tract he traded for, A receiving title papers for his land, and F receiving no title papers for his land, a court of equity would compel A to make a transfer of the title to F.</p> <p>8. Possession—effect of when wrongful. In such a case, where, after F had been eighteen months in possession, he left the country for several years, the fact that, after his departure, A once more obtained possession of the land, by inducing the family of F to leave it, did not change the right of F to have a conveyance of the land made to him on his return.</p> <p>4. Receipt—effect of when general. In such a case, where A took possession of $500 worth of the personal property of F as well as of the land, and two years afterward there was a general receipt from F to A for $240, “in full of all demands and claims ” to date, such a receipt was held to apply only to the claim growing out of the personal property.</p> <p>5. Receipt—required to release an equitable title. In such a case, the receipt being in these words: “ September 17th, 1857. Received of Benjamin Alien two hundred and forty dollars, in full of all demands and claims due Jacob Fitzsimmons up to this date. (Signed) Charles Fitzsimmons, attorney for Jacob Fitzsimmons.” Seld, that its language was not appropriate to the purpose of releasing a complete equitable title to a tract of land, and there was a personal indebtedness, to which it did properly apply.</p> <p>6. Heies—may be compelled to convey and to account. And, where a bill was filed to compel a conveyance, upon the facts above recited, and praying an account of rents and profits, pending w