Ross v. Irving
Illinois Supreme Court
These two cases were argued conjointly. Irving sued one Brownell and Pryor in ejectment. Ross was substituted as defendant for Brownell. The verdict and judgment in the circuit court, was for Irving. Seven commissioners were appointed ‘to assess the value - of the improvements which had been made upon the land recovered in ejectment. The parties appealed, and examined witnesses before the commissioners.
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These two cases were argued conjointly. Irving sued one Brownell and Pryor in ejectment. Ross was substituted as defendant for Brownell. The verdict and judgment in the circuit court, was for Irving. Seven commissioners were appointed ‘to assess the value - of the improvements which had been made upon the land recovered in ejectment. The parties appealed, and examined witnesses before the commissioners. The commissioners made an assessment and reported it to the circuit court; thereupon, the plaintiff in that court moved to quash the report, on the ground that the law under which it was made…
1Opinion of the CourtTrumbull, J.
The questions presented for decision in these cases are the same, and involve the constitutionality of what is commonly known as the “ occupying claimants’ law,” and of the mode of proceeding under it.
This law was originally adopted by the governor and judges of the Illinois Territory in 1811, from the Kentucky code,— was reenacted by the first legislature assembled under the State government, and has been continued from that day to this in the various revisions of the statute which have in the mean time taken place. Territorial Laws, Pope’s Revision, 485; Acts of 1819, 40; Acts of 1829, 98;…
2Cases cited9 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- Doe ex dem. Gaines v. BufordCourt of Appeals of Kentucky · 1833
- Fowler v. HalbertCourt of Appeals of Kentucky · 1815
- Armstrong v. JacksonIndiana Supreme Court · 1825
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3Cited by42 opinions
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- In re FerrierIllinois Supreme Court · 1882
- Zelney v. MurphyIllinois Supreme Court · 1944
- Frost v. PeopleIllinois Supreme Court · 1901
- Ward v. FarwellIllinois Supreme Court · 1881
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