Legal Opinion

O'Brien v. Gooding

Illinois Supreme Court

Decided February 21, 1902PublishedCited by 7 opinions

Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hánecy, Judge, presiding. This is an action of ejectment, begun on April 2, 1900, by the appellant against the appellees, William S. Gooding, Charles T. Barnes, Marion A. Barnes, Eliza J. Evans and others, to recover possession of two lots in Chicago, which, together with the buildings thereon, are known as 1646 and 1648 West Congress street.

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Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hánecy, Judge, presiding. This is an action of ejectment, begun on April 2, 1900, by the appellant against the appellees, William S. Gooding, Charles T. Barnes, Marion A. Barnes, Eliza J. Evans and others, to recover possession of two lots in Chicago, which, together with the buildings thereon, are known as 1646 and 1648 West Congress street. The defendants filed several pleas, and, among others, the plea of the general issue, that neither they, nor either of them, were guilty of unlawfully withholding the possession of the…

1Opinion of the CourtJustice Magruder

The appellant, upon the trial below, relied upon the sheriff’s deed, dated January 26, 1900, and described in the statement preceding this opinion. The appellees relied upon the deed, dated April 25,1898, executed by William S. Gooding to Marion A. Barnes and Eliza J. Evans. The latter deed was dated and recorded before the sheriff’s deed upon which appellant relied. The suit before the justice was not begun until July 13,1898. The transcript of the proceedings before the justice was not filed in the circuit court of Cook county until August 13, 1898.

Section 1 of article 12 of the act in…

2Cases cited4 opinions

  1. May, Purington & Bonner Brick Co. v. General Engineering Co.Illinois Supreme Court · 1899
  2. Culver v. ElwellIllinois Supreme Court · 1874
  3. Wooters v. JosephIllinois Supreme Court · 1891
  4. Munster v. DoyleAppellate Court of Illinois · 1893

3Cited by7 opinions

  1. Eberle v. DrennanSupreme Court of Oklahoma · 1912
  2. Moser Lumber, Inc. v. MorganAppellate Court of Illinois · 1969
  3. Howell v. AndersonAppellate Court of Illinois · 1912
  4. Portage Park Capital, LLC v. A.L.L. Masonry Construction Co.Appellate Court of Illinois · 2024
  5. Lord Lumber & Fuel Co. v. HancockAppellate Court of Illinois · 1935

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