Legal Opinion

Miller v. Stalker

Illinois Supreme Court

Decided October 11, 1895PublishedCited by 3 opinions

Writ op Error to the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding. This is a writ of error to the Superior Court of Cook county, to reverse a decree confirming title in defendant in error to lot 23, block 8, school section addition to Chicago, under the Burnt Records act. A demurrer being sustained to the original petition, an amended one was filed, which the defendants answered,- and the petitioner replied.

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Writ op Error to the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding. This is a writ of error to the Superior Court of Cook county, to reverse a decree confirming title in defendant in error to lot 23, block 8, school section addition to Chicago, under the Burnt Records act. A demurrer being sustained to the original petition, an amended one was filed, which the defendants answered,- and the petitioner replied. He afterwards obtained leave of court to withdraw his replication and file a second amended petition. In it he alleged that at the time of the destruction of the…

1Opinion of the CourtJustice Wilkin

The first'ground of reversal insisted upon is, that the evidence introduced upon the hearing proved the title to the property in question, at the time of the destruction of the records, to be in plaintiffs in error, as shown by the record. This contention is based upon the fact that the first amended petition, which was introduced in evidence by the defendants, showed a regular chain of title from the government to Thomas R. Greene, and, as we understand counsel, they claim that the defendants’ sworn answer so connects them with that record title as to prove ownership in them in fee.…

2Cases cited4 opinions

  1. Woodward v. BlanchardIllinois Supreme Court · 1855
  2. Hale v. GladfelderIllinois Supreme Court · 1869
  3. Smith v. HutchinsonIllinois Supreme Court · 1884
  4. Gage v. GentzelIllinois Supreme Court · 1893

3Cited by3 opinions

  1. Oliver v. EnriquezNew Mexico Supreme Court · 1912
  2. Ingraham v. MedillAppellate Court of Illinois · 1912
  3. People ex rel. David v. PearsonAppellate Court of Illinois · 1924

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