Opinion
Gen. No. 10,251. (Abstract of Decision.)
Opinion filed July 20, 1949 Released for publication August 8, 1949
APPEAL AND ERROR, § 138 — involvement 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Not to be published in full.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.