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· 1/15/1871

O'Neal v. Auten

Citations

  • 58 Ill. 148

Syllabus

<p>Estoppel in pais. A held the legal title to land, and gave a bond to convey to B, on the payment of a certain sum, and let B into possession. B, with the knowledge of A,'sold to 0, as the absolute owner, and the latter went into possession and made improvements. A controversy arising between A and'B, as to whether the land had been paid for or not, they made a statement in writing, of their account, signed by both, and therein A agreed to convey to 0, if B would redeem the land from a certain execution sale on a judgment against A. This redemption 0 made as a part of his purchase price. On a bill brought by 0, against A and B, to compel a conveyance, it was held that by the settlement, between A and B, the former was estopped from resisting a conveyance to 0, upon a claim that B had not paid him for the land.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Not * * * that the law attempted to do the work of nature, and create a child of one’s blood out of a stranger, but that the law could and did make the legal status of the one in every respect that of the other.”

Source: CourtListener parenthetical corpus (CC0).

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