Barber v. Wood

• Decision Date: 28 October 1925
• Docket Number: No. 16782.,16782.
• Citation: 149 N.E. 231,318 Ill. 415
• Parties: BARBER v. WOOD et al.
• Court: Illinois Supreme Court

318 Ill. 415

149 N.E. 231

BARBER

v.WOOD et al.

No. 16782.

Supreme Court of Illinois.

Oct. 28, 1925.

Error to Circuit Court, Ogle County; Harry L. Heer, Judge.

Suit by Mary J. Barber against Cora L. Wood and others, who filed a cross-bill.Demurrer to cross-bill was sustained, and defendants bring error.

Writ dismissed.

Garrett, Maynard & Fell, of Rockford, for plaintiffs in error.

Seyster & Fearer, of Oregon, Ill., for defendant in error.

HEARD, J.

Defendant in error filed her bill in chancery in the circuit court of Ogle county alleging that plaintiffs in error had entered into a written contract for the sale of certain premises to Daniel B. Kump; that Kump had assigned his interest in the contract to defendant in error to secure the payment to her of a promissory note which she afterwards prosecuted to judgment, which still remained unpaid.The bill prayed that the amount due on the contract and the amount due from Kump to defendant in error should be ascertained, and that the court should order Kump's interest in the contract to be sold and the proceeds applied upon his debt to defendant in error.Plaintiffs in error answered this bill, and also filed a cross-bill, in which they alleged a forfeiture of the contract by reason of Kump's failure to comply with the terms thereof.Defendant in error demurred to the corss-bill, and her demurrer was sustained.Plaintiffs in error elected to stand by their cross-bill, and prayed an appeal to this court, which appeal not having been perfected, the record has been brought to this court for review upon writ of error.

In this case, while the demurrer to the cross-bill was sustained, and the plaintiffs in error elected to stand by the cross-bill, no final order or...