Lyon v. Kain
Illinois Supreme Court
Appeal from the Circuit Court of McDonough county; the Hon, 0. L. Higbee, Judge, presiding. This was an action of ejectment, commenced Aug. 6, 1861, for the September term, 1861, of the McDonough Circuit Court, by appellee against appellants. The declaration claims, in fee simple, the undivided two-thirds of the S. W. 21, 6 bl., 4 W., 4th P. M., situated in McDonough county, Illinois. The defendants pleaded the general issue.
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Appeal from the Circuit Court of McDonough county; the Hon, 0. L. Higbee, Judge, presiding. This was an action of ejectment, commenced Aug. 6, 1861, for the September term, 1861, of the McDonough Circuit Court, by appellee against appellants. The declaration claims, in fee simple, the undivided two-thirds of the S. W. 21, 6 bl., 4 W., 4th P. M., situated in McDonough county, Illinois. The defendants pleaded the general issue. A trial was had at the September term, 1863, of said court, before the judge, a jury having been waived by the parties. On the trial, the plaintiff offered and read in…
1Opinion of the CourtChief Justice Walker
The patent from the United States government, for the land in controversy, was issued to James Emonds. On the trial below, appellee read in evidence, against the objections of appellants, a deed signed James Em,mens or Emmons, but which, does not clearly appear from the transcript. In the body of this deed, the grantor’s name is written as it is in the patent, and he is described as belonging to the same company and regiment, as in the patent. The execution of the deed was afterwards proved by one of the subscribing witnesses, who testified, as the officer certifies, that “he knew James…
2Cases cited2 opinions
- Ballance v. RankinIllinois Supreme Court · 1851
- Murphy v. OrrIllinois Supreme Court · 1863
3Cited by16 opinions
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- Rupert v. PennerNebraska Supreme Court · 1892
- Wakefield v. BrownSupreme Court of Minnesota · 1888
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