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Brubaker v. Hatjimanolis

Appellate Court of Illinois, Second District
Jul 20, 1949
338 Ill. App. 288 (Ill. App. Ct. 1949)

Opinion

Gen. No. 10,251. (Abstract of Decision.)

Opinion filed July 20, 1949 Released for publication August 8, 1949

APPEAL AND ERROR, § 138involvement of freehold. Where complaint upon which relief was granted sought specific performance of a written contract for sale and conveyance of land, and defendant was record owner of title when suit was instituted and alleged in his answer that plaintiff had breached contract and a forfeiture thereof by defendant, and issues raised by pleadings required a determination whether contract had been forfeited, and defendant would lose a freehold if plaintiff was entitled to have contract specifically enforced, defendant's appeal from decree finding issues for plaintiff and directing a conveyance upon payment of a specific sum was not within Appellate Court's jurisdiction and would be transferred to Supreme Court, since a "freehold" was involved.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Stephenson county; the Hon. HARRY E. WHEAT, Judge, presiding.

Cause transferred. Heard in this court at the May term, 1948.

Manus Manus, for appellants;

Albert H. Manus, Jr., of counsel;

Hunter Hunter, for appellees;

Robert C. Hunter, of counsel.


Not to be published in full. Opinion filed July 20, 1949; released for publication August 8, 1949.


Summaries of

Brubaker v. Hatjimanolis

Appellate Court of Illinois, Second District
Jul 20, 1949
338 Ill. App. 288 (Ill. App. Ct. 1949)
Case details for

Brubaker v. Hatjimanolis

Case Details

Full title:Walter H. Brubaker and Susie Brubaker, Appellees, v. George Hatjimanolis…

Court:Appellate Court of Illinois, Second District

Date published: Jul 20, 1949

Citations

338 Ill. App. 288 (Ill. App. Ct. 1949)
87 N.E.2d 151