Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 38 (April And November Terms, 1865)
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Mr. Justice Lawrence delivered the opinion of the Court: 16— 38Tn III. 241 318-31 9 CooLEY, hnjyl. c&c, v. Scarlett. [April T. Opinion of the Court. One Steplienson had been negotiating witli Scarlett, tlie ["818] appellee, for the purchase of land belonging to the latter, wtnated in the State of Michigan. He was to give Scar- lett, in exchange, a mortgage on certain lands in Bureau county, in this State, and a deed from the appellant, Cooley, to a tract of land in Iowa, which he represented Co...olej^ to hold in trust for him. Scarlett was to convey the Michigan land to Cooley. Scarlett and Cooley both executed their deeds, and these were left with one Johnson as a depositary, to remain until Scarlett should be satisfied with the title of the mortgaged lands, and then the deeds were to be delivered. Scarlett was not satisfied with the title, and several times during the month of August, demanded back his deed from Johnson, but failed to procure it. In the month of September, Cooley procured the deed from the depositary, Johnson, for the Michigan lands, under a pretence that he wished to get from it a description of the lands.
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