McDole v. Kingsley

62 Ill. App. 30, 1895 Ill. App. LEXIS 370
CourtAppellate Court of Illinois
DecidedDecember 13, 1895
StatusPublished

This text of 62 Ill. App. 30 (McDole v. Kingsley) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDole v. Kingsley, 62 Ill. App. 30, 1895 Ill. App. LEXIS 370 (Ill. Ct. App. 1895).

Opinion

Per Curiam.

Defendants in error have filed a motion to quash the writ and dismiss the cause for want of jurisdiction in this court.

The ground of the motion is that a freehold is involved.

This is a bill for specific performance, in which the complainant seeks to compel the execution and delivery to him of a good and sufficient deed, conveying the title to 230 acres of land in pursuance of an alleged parol agreement between himself and his deceased father, Rodney McDole.

Under the holding of our Supreme Court in Hayes v. O’Brien et al., 149 Ill. 403, we must hold that a freehold is involved and that this court has no jurisdiction.

The writ of error is therefore quashed and the cause dismissed, with leave to withdraw the record.

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Related

Hayes v. O'Brien
23 L.R.A. 555 (Illinois Supreme Court, 1894)

Cite This Page — Counsel Stack

Bluebook (online)
62 Ill. App. 30, 1895 Ill. App. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdole-v-kingsley-illappct-1895.