Legal Opinion

Keys v. Test

Illinois Supreme Court

Decided January 15, 1864PublishedCited by 9 opinions

Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was a suit in chancery, instituted, originally, in the Circuit Court of Pike county, by Oakley Y. Test against Francis Keys, Nimrod B. McPherson, and Charles W. Troy; and the cause was removed into the Circuit Court of Adams county on change of venue.

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Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was a suit in chancery, instituted, originally, in the Circuit Court of Pike county, by Oakley Y. Test against Francis Keys, Nimrod B. McPherson, and Charles W. Troy; and the cause was removed into the Circuit Court of Adams county on change of venue. The case, as presented in the original and amended bills of the complainant, is this: About the year 1854, one Nimrod B. McPherson, owned, in fee simple, the southwest quarter of the northwest quarter of section sixteen, township three, south of range…

1Opinion of the CourtJustice Breese

The evidence in this record establishes beyond a reasonable doubt the fact of a Iona fide sale for a valuable consideration paid, and possession immediately taken thereof, of the farm of Nimrod McPherson, to his father Benjamin McPherson, and of the subsequent sale by Benjamin, with the assent and partial procurement of Nimrod, to one Hummer, who paid full value " for it, and went into possession, claiming it as his own by this purchase. Hummer remained on the premises, so claiming, about eighteen months, and sold it for value to the complainant Test, who went into possession and made…

2Cases cited2 opinions

  1. Brown v. WelchIllinois Supreme Court · 1857
  2. Ramsey v. ListonIllinois Supreme Court · 1860

3Cited by9 opinions

  1. Draper v. DraperIllinois Supreme Court · 1873
  2. Morrison v. HerrickIllinois Supreme Court · 1889
  3. Waggoner v. SaetherIllinois Supreme Court · 1915
  4. Franz v. OrtonIllinois Supreme Court · 1874
  5. Hawes v. ChailleIndiana Supreme Court · 1891

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