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62 Ill. App. 30

McDole v. Kingsley

Appellate Court of Illinois

Decided December 13, 1895

Appellate Court of Illinois · decided 1895-12-13

Bill for Specific Performance.—Error to the Circuit Court of Kane County; the Hon. Henry B. Willis, Judge, presiding. Heard in this court on a motion to quash the writ because a freehold is involved.

Relies on Hayes v. O'Brien

Motion allowed and writ of error quashed · Decided 1895-12-13

Per Curiam.

¶1Defendants in error have filed a motion to quash the writ and dismiss the cause for want of jurisdiction in this court.

¶2The ground of the motion is that a freehold is involved.

¶3This is a bill for specific performance, in which the complainant seeks to compel the execution and delivery to him of a good and sufficient deed, conveying the title to 230 acres of land in pursuance of an alleged parol agreement between himself and his deceased father, Rodney McDole.

¶4Under the holding of our Supreme Court in Hayes v. O’Brien et al., 149 Ill. 403, we must hold that a freehold is involved and that this court has no jurisdiction.

¶5The writ of error is therefore quashed and the cause dismissed, with leave to withdraw the record.

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