Legal Opinion

Yeates v. Briggs

Illinois Supreme Court

Decided May 18, 1880PublishedCited by 4 opinions

Writ of Error to the Circuit Court of Kankakee county; the Hon. Franklin Blades, Judge, presiding. This was an action of ejectment by Andrew Yeates against David Briggs originally, but afterwards Elizabeth Briggs, his wife, was substituted as defendant.

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Writ of Error to the Circuit Court of Kankakee county; the Hon. Franklin Blades, Judge, presiding. This was an action of ejectment by Andrew Yeates against David Briggs originally, but afterwards Elizabeth Briggs, his wife, was substituted as defendant. On the trial the record of a judgment in a former action of ejectment against the defendant was introduced in evidence, showing a trial by the court, and judgment, in which the court found the fee in the land to be in the plaintiff, subject to the right of homestead in the said Elizabeth Briggs until her youngest child by Jacob Hertz (her…

1Opinion of the CourtJustice Scott

This was an action of ejectment, brought by Andrew Yeates, to recover premises in possession of defendant. Originally, the action was brought against David Briggs, but on motion; Elizabeth Briggs was substituted as defendant, and the suit has since progressed against her.

Defendant was the wife'of Jacob Hertz, since deceased, and the premises were the homestead of her husband and herself during his lifetime. The title, plaintiff claims, was derived under two trust deeds executed by Jacob Hertz, defendant joining with him in the execution, but neither deed contained any release of the…

2Cases cited1 opinion

  1. Morrissey v. StephensonIllinois Supreme Court · 1877

3Cited by4 opinions

  1. Fineman v. GoldbergIllinois Supreme Court · 1928
  2. People Ex Rel. Mosco v. Service Recognition BoardIllinois Supreme Court · 1949
  3. Moser v. FeciuraAppellate Court of Illinois · 1945
  4. Lyons v. LyonsAppellate Court of Illinois · 1924

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