Alden v. Garver

Case # Not Listed

Appellant/Plaintiff

Israel Alden

Appellee/Defendant

John Garver

Appellant/Plaintiff Attorneys

  • Edwin S. Leland, and Burton C. Cook

Appellee/Defendant Attorneys

  • James M. Wight

County of Origin

Ogle County

Justice

Justice John D. Caton

Terms of Court

April 1863

Type of Case

Bill in Chancery

Disposition

Reversed

Citation

32 Ill 32

Case Summary

Prouty sold land to Benton, who sold the same land to Garver. Benton failed to pay Prouty, so the land transaction was cancelled and Garver lost his interest in the property. Alden eventually became the owner of the land from Prouty reselling it. Garver sued Alden in a bill of chancery to for Alden to pay Garver the mortgage Garver had taken out for Benton. The Ogle County Circuit Court found for Garver. Alden appealed to the Illinois Supreme Court. The Court reversed the lower court's decree due to the flawed reasoning behind it. The Ogle County Circuit Court misconstrued the intentions of the involved parties and unjustly favored Garver. The original contract between Prouty and Benton should have been upheld, ensuring equitable treatment. The court's duty is to ascertain true intentions and administer justice accordingly. The Supreme Court court remanded the case back to Ogle County.

Illinois Reports File