Wadhams v. Flagler Gay
Citations
- 73 Ill. 415
Syllabus
<p>Í. Agreement—construed as not malting any charge on land. Where, upon the execution of deeds for the partition of lands under a decree of partition, one of the parties executed an agreement to the others, that the land conveyed to him was and should he subject to the interest of his children in (he same under a certain will, and that, the interest of such children under the will should he charged upon the land conveyed to such party, etc., it was held, that this created, of itself, no charge upon the land in favor of the party’s children, and was not designed for their benefit, hut for the benefit of the other parties in the partition.</p> <p>2. Conveyance—inuring of title. Where a party makes a conveyance purporting to convey an estate in fee simple to another, and by decree of court his title is confirmed or perfected, it will pass to his grantee, under the statute.</p> <p>3. Judicial sale—innocent purchaser not affected, by reversal of judgment or decree. If a judgment or decree is reversed the parties thereto are to be restored to their original rights, so far as it can he done without prejudice to the rights of third persons. But the title of third persons to property acquired under an erroneous judgment or decree, is not affected by its reversal.</p> <p>4. Purchaser under decree confirming title. The same principle applies to judgments and decrees which simply declare and vest legal rights in the party claiming the same, where no sale is ordered; and a purchaser from such party, while such judgment or decree remains in full force, upon the faith of its validity, before any writ of error is prosecuted, or other legal steps taken to avoid the same, will not he affected by a subsequent reversal of the judgment or decree, but will be protected in his title, and this though made a party to the proceeding to reverse.</p> <p>5. Decree— against infant is absolute. It is not tlie practice iu this State to make a decree against infants conditional, or to give them a
Judges: Craig, Sheldon, Walker
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52 cases in this archive cite this case; the 20 most cited are listed.
- Gay v. ParpartSupreme Court· 1883-01-18· cited 57×
- Fowler v. WoodSupreme Court of Kansas· 1906-05-12· cited 55×
- Clark v. ZaleskiIllinois Supreme Court· 1911-12-21· cited 53×
- New York Central & Hudson River Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court· 1927-06-29· cited 41×
- Golladay v. KnockIllinois Supreme Court· 1908-06-18· cited 38×
- Green v. Hutsonville Township High School District No. 201Illinois Supreme Court· 1934-04-21· cited 32×
- Fruehauf Trailer Co. v. GilmoreTenth Circuit· 1948-03-12· cited 27×
- Warren v. County of StantonNebraska Supreme Court· 1944-10-06· cited 23×
- Singly v. WarrenWashington Supreme Court· 1898-01-10· cited 19×
- In re Lewers & Cooke, Ltd.Hawaii Supreme Court· 1908-03-05· cited 17×
- International Bldg. Co. v. United StatesEighth Circuit· 1952-09-19· cited 16×
- Jenkins v. International BankIllinois Supreme Court· 1884-11-17· cited 16×
- Martin v. Capital InsuranceSupreme Court of Iowa· 1892-05-26· cited 16×
- People v. WhiteAppellate Court of Illinois· 1982-01-06· cited 15×
- People ex rel. Graff v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court· 1910-12-21· cited 15×
- Hill v. BowenIllinois Supreme Court· 1956-05-23· cited 12×
- Barlow v. StandfordIllinois Supreme Court· 1876-06-15· cited 12×
- Hopkins v. PattonIllinois Supreme Court· 1913-02-20· cited 12×
- Hay v. BennettIllinois Supreme Court· 1894-10-30· cited 10×
- Lancaster v. SnowIllinois Supreme Court· 1900-02-19· cited 10×
Cites
14 cases in this archive are cited by this case.
- Gelpcke v. DubuqueSupreme Court· 1864-01-11· cited 280×
- Gray v. BrignardelloSupreme Court· 1864-04-18· cited 74×
- Hepburn v. GriswoldSupreme Court· 1870-02-18· cited 73×
- Simms v. SlacumSupreme Court· 1806-02-19· cited 51×
- Chickering v. FailesIllinois Supreme Court· 1862-04-15· cited 46×
- Otis v. BeckwithIllinois Supreme Court· 1868-09-15· cited 26×
- McLagan v. BrownIllinois Supreme Court· 1850-06-15· cited 20×
- Guiteau v. WiselyIllinois Supreme Court· 1868-06-15· cited 20×
- Badgley v. VotrainIllinois Supreme Court· 1873-06-15· cited 17×
- Pace v. People ex rel. McMeenIllinois Supreme Court· 1869-06-15· cited 15×
- Horner v. ZimmermanIllinois Supreme Court· 1867-06-15· cited 10×
- McCormick v. McClureIndiana Supreme Court· 1843-05-15· cited 8×
- Flagler v. CrowIllinois Supreme Court· 1866-04-15· cited 6×
- Colvin v. FellIllinois Supreme Court· 1866-04-15· cited 5×
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