Elston v. Kennicott

This case was before us at a previous term, and is reported in 46 Ill. 187. The judgment was reversed and the cause remanded, and another trial had; and from the judgment then, rendered, this appeal is prosecuted. The parties, by agreement,- submitted the case to the court without the intervention of a jury, and agreed that the cause should be tried upon the evidence heard on the former trial, together with such additional testimony as either party might choose -to introduce on the trial. The title under which each party claims, appears in the case as reported, and is therefore not given…