Doe ex dem. McConnel v. Johnson
Illinois Supreme Court
This was an action of ejectment instituted in the Morgan Circuit Court, to recover the possession of the west half of the southwest quarter of section number 32, in township 14, N., R. 12 west, in the County of Morgan. The declaration as originally filed, contained a demise from McConnel only.
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This was an action of ejectment instituted in the Morgan Circuit Court, to recover the possession of the west half of the southwest quarter of section number 32, in township 14, N., R. 12 west, in the County of Morgan. The declaration as originally filed, contained a demise from McConnel only. At the October term, 1838, the Hon. Jesse B. Thomas presiding, the plaintiff obtained leave to file an amended declaration, making additional demises, and from other and different persons than the lessor named in the original declaration. He then amended his declaration by filing a count laying a demise…
1Opinion of the CourtSmith, Justice
Four grounds have been assumed as causes of error, and relied on for a reversal of the judgment in this cause. They are as follows :
First, The Court erred in striking out the amended counts in the declaration which contained demises in the names of Pratt and of Haynie.
Secondly, There was error in the Court’s refusing a second continuance of the cause.
Thirdly, There was error in rejecting the deed from Selby to Tucker offered as evidence.
Fourthly, There was error in admitting the deed from Pratt to Johnson to be read in evidence.
Upon the first ground, it is to be remarked, that the general…
2Cases cited2 opinions
- Hopkins v. HopkinsNew York Supreme Court · 1813
- Jackson ex dem. Starr v. RichmondNew York Supreme Court · 1809