Legal Opinion

Pollock v. Maison

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 21 opinions

Writ or Error to the Circuit Court of Whitesides county; the Hon. Ira 0. Wilkiusou, Judge, presiding. This was an action of ejectment, brought by Peter Maison and Augusta Maison, in the Circuit Court of Whitesides county, to the October Term, 1861, against Sarah Pollock and Peter Pollock, for the recovery of lots 25 and 26 in block 2, and lots 1 and 2 in block 5, in the town of Conie, in Whitesides county.

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Writ or Error to the Circuit Court of Whitesides county; the Hon. Ira 0. Wilkiusou, Judge, presiding. This was an action of ejectment, brought by Peter Maison and Augusta Maison, in the Circuit Court of Whitesides county, to the October Term, 1861, against Sarah Pollock and Peter Pollock, for the recovery of lots 25 and 26 in block 2, and lots 1 and 2 in block 5, in the town of Conie, in Whitesides county. Defendants filed a plea of not guilty, and a trial was had at the May Term, 1862, resulting in favor of plaintiffs. Defendants obtained a new trial under the statute. At the January Term,…

1Opinion of the CourtChief Justice Walker

In this case, both parties derive title from the same source. Sarah Pollock as widow, and Peter as the only heir, of William Pollock, and the defendants in error as the assignees of a mortgage executed by William Pollock in his life-time. It was, therefore, unnecessary to a recovery that defendants in error should trace title back of William Pollock, from whom plaintiffs in error claim title. It was immaterial whether they read the patent from the general government to the original purchaser, or the deed from the patentee to Pollock for the land. When they exhibited a title derived from the…

2Cases cited3 opinions

  1. Hughes v. EdwardsSupreme Court of the United States · 1824
  2. Harris v. MillsIllinois Supreme Court · 1862
  3. Giles v. BaremoreNew York Court of Chancery · 1821

3Cited by21 opinions

  1. Schmucker v. SibertSupreme Court of Kansas · 1877
  2. Lightcap v. BradleyIllinois Supreme Court · 1900
  3. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  4. Barrett v. HinckleyIllinois Supreme Court · 1888
  5. Bradley v. LightcapIllinois Supreme Court · 1903

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