Opinion
Gen. No. 41,963. (Abstract of Decision.)
Opinion filed in November 25, 1941
EQUITY, § 28 — incidental legal rights as determined when equity acquires jurisdiction. Where plaintiffs, as vendees in possession, brought equitable action for specific performance of written agreement to purchase land, defendant vendor countered with law action for forcible entry and detainer to obtain possession thereof, and plaintiffs then secured interlocutory order, without bond, in equitable action restraining defendant from disturbing their possession, court had equitable right to order specific performance, and to try legal right of possession which was incidental thereto, since, having acquired jurisdiction to determine equitable rights, court could also determine legal rights; and, where record justifies entry of order for preliminary injunction, and shows that no bond was necessary, chancellor's order will not be disturbed in absence of clear abuse of discretion; and, where, as vendees in possession, plaintiffs asserted that defendant vendor was preventing them from carrying out their agreement, preliminary injunction maintaining status was properly issued, since purpose thereof was to prevent change in condition and relation of persons and property until respective claims were investigated.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the interlocutory order of Superior Court of Cook county; Hon. ROBERT C. O'CONNELL, presiding.
Order affirmed. Heard in first division, first district, this court at October term, 1941.
Daniel F. Kemp and David A. Canel, for appellant;
Cummings Wyman, for appellees;
Harold Engstrom and Stella Clinton, of counsel.
"Not to be published in full." Opinion filed November 25, 1941.