Legal Opinion

McDonald v. Crandall

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 21 opinions

Appeal from the Circuit Court of Jersey county; the Hon. D. M. Woodson, Judge, presiding. This was an action of ejectment brought by John E. Crandall, in the Jersey Circuit Court, against John McDonald. The declaration contained two counts, for the recovery of lot ten, in block six, of Adams’ addition to Jerseyville, Illinois. Plaintiff claimed to own the fee. Defendant filed the general issue.

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Appeal from the Circuit Court of Jersey county; the Hon. D. M. Woodson, Judge, presiding. This was an action of ejectment brought by John E. Crandall, in the Jersey Circuit Court, against John McDonald. The declaration contained two counts, for the recovery of lot ten, in block six, of Adams’ addition to Jerseyville, Illinois. Plaintiff claimed to own the fee. Defendant filed the general issue. A trial was had'by the court, a jury having been dispensed with, by agreement of the parties. It was agreed by the parties, that Joshua Bartlett, on the 4th day of April, 1859, owned the lot in…

1Opinion of the CourtChief Justice Walker

In this controversy both parties derive title to the lot in dispute, from the same common source. One H. C. Twombly and wife, at different times, executed trust deeds to two different trustees, to secure debts owing by him to different parties. Default having been made in payment, each of the trustees at different times advertised and sold the property, which was purchased by several persons. Appellant claims by purchase at the sale under the trust deed first executed, which was also first recorded, and under which he had entered into, and was holding, possession when this suit was brought to…

2Cases cited5 opinions

  1. Green v. MarksIllinois Supreme Court · 1860
  2. Brown v. CoonIllinois Supreme Court · 1864
  3. Best v. AllenIllinois Supreme Court · 1862
  4. Young v. GraffIllinois Supreme Court · 1862
  5. Patterson v. KreigIllinois Supreme Court · 1863

3Cited by21 opinions

  1. Lehman v. CotrellAppellate Court of Illinois · 1939
  2. Eldridge v. PierceIllinois Supreme Court · 1878
  3. Hartwell v. McDonaldIllinois Supreme Court · 1873
  4. Browning v. HarrisIllinois Supreme Court · 1881
  5. Kitterlin v. Milwaukee Mechanic's Mutual InsuranceIllinois Supreme Court · 1890

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