County Detail

Alden v. Garver

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.

Burnap v. Wight

Burnap initiated an action of debt against Wight over a bond related to a writ of ne exeat. Wight, acting as an attorney, filed the affidavit leading to Burnap's arrest. The petition for the ne exeat was dismissed. Burnap filed a special demurrer to the declaration, challenging its validity. The court found the demurrer unjustified, as the declaration stated a valid cause of action. Unnecessary allegations were disregarded. The circuit court's decision was overturned, necessitating further proceedings.

Notes: cases 13 Ill 535 and 14 Ill 303 are related