Gibbs v. Blackwell

Citations

• 37 Ill. 191

Syllabus

<p>1. Bun for specific performance—parties. In a case of a bill for a specific performance of a contract, as a general rule subject to some exceptions, the parties to the agreement are alone necessary parties.</p> <p>2. Parties — trust fund. On a bill filed to enforce the specific performance of a contract, for the conveyance of real estate, it is no defence, to set up that the money paid was a trust fund; or that the purchase was made by one as trustee of another. If a trust exists the vendee, or in case of his death, his heirs will be liable to account to the cestui que trust, and he is not a necessary party to a bill, to compel a conveyance.</p> <p>3. Vendor and vendee. When a vendee has paid the purchase money, entered into possession under the contract, and made lasting and valuable improvements, ho has a right to compel a conveyance; nor will the vendor be exonerated therefrom, by showing that as between his vendee and some other person there are unadjusted equities.</p> <p>4. Vendee — deed. When a vendee who has contracted for the purchase of land, and sold it to another, the latter will be entitled to receive from the first vendor the same kind of deed, which he contracted to give his vendee, if the latter purchaser elects to resort to him for a conveyance.</p>