McLaurie v. Barnes

Citations

• 72 Ill. 73

Syllabus

<p>1. Specific performance—barred by laches. A party purchased a tract of land in 1856, to be paid for in three annual instalments, put his con. tract on record, and took possession of the land. He paid the first and part of the second note during the first two years, and, after the third one became due, his vendor moved to another State, and took the notes with him. The purchaser made no effort to find him, to pay the notes. About the time the last one became due, the vendor confessed a judgment in favor of his creditor. An execution was issued on the judgment, the land sold under it, and the creditor became the purchaser, and acquired a sheriff’s deed in 1860, and thereupon turned the vendee out of posses, sion, and, on the 22d of February, 1861, the judgment creditor filed a bill against his debtor and the vendee of such debtor, to remove the contract of sale between them, as a cloud on his title. The vendee, in September, 1866, filed a cross-bill, to which a demurrer was sustained, and thereupon the complainant in the cross-bill dismissed it, and the complainant in the original bill dismissed that. In October, 1867, the vendee filed his bill against the various parties in interest, for a specific performance of his contract of purchase: Reid, that there was such delay, unexplained by equitable grounds of excuse, as indicated an abandonment of the pur. chase, and that he was barred by his laches.</p> <p>2. Execution—interest in land subject thereto. The interest of the vendor in such case was such an interest as could be properly levied on and sold under execution.</p>