Gartside v. Outley
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. The reason urged by appellees’ counsel, why the sale under the decree of the Circuit Court of the United States, was void as to persons not parties to the suit, was, that the sale was at a different time, and upon different notices from that provided for in the deed of trust. All other facts necessary to an understanding of the decision are stated in the opinion.
1Opinion of the CourtJustice Scott
This is an action of ejectment, brought by the appellees to recover the possession of certain coal lands described in the declaration. They claim to be assignees of John A. Twiss, and seek to obtain possession under a lease formerly executed to him by the railroad company.
On the 9th day of May, 1856, the Belleville & Illinoistown ¡Railroad Company executed to Twiss a lease, or grant, of the lands in controversy, for an indefinite period, with leave and permission to take, under certain conditions specified in the grant, all the coal contained in said lands. The lease contained mutual…
2Cases cited1 opinion
- Storing v. OnleyIllinois Supreme Court · 1867
3Cited by25 opinions
- Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- Harvey Coal & Coke Co. v. DillonWest Virginia Supreme Court · 1905
- State v. EvansSupreme Court of Minnesota · 1906
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